Moving After Divorce in Canada: Relocation Rules and Notice Requirements

The 2021 amendments to the Divorce Act introduced specific rules for parents who want to relocate with their children after separation. These rules are designed to balance a parent's right to move with the child's need to maintain meaningful relationships with both parents and other important people in their life. Understanding these rules is critical, because moving without proper notice can have serious consequences for your parenting arrangements and your credibility with the court.

This guide covers the relocation framework under the Divorce Act, including notice requirements, objection rights, and what courts consider when deciding whether to allow a move. For more about how parenting arrangements work generally, see our guide to divorce with children and our parenting plan guide.

What Counts as a "Relocation"?

Not every move is a "relocation" under the Divorce Act. The Act defines a relocation as a change in the place of residence of a child or a person who has parenting time, decision making responsibility, or a contact order, if the change is expected to have a "significant impact" on the child's relationship with that person or with another person who has parenting time, decision making responsibility, or a contact order.

This means the test is not about distance. A move of 30 kilometres across a city might not be a relocation if the existing parenting schedule can continue without disruption. But a move of the same distance in a rural area might be a relocation if it means the child can no longer attend the same school or the other parent's commute for parenting time becomes unreasonable.

A move that doesn't meet the threshold of a "relocation" is simply a "change of residence." Different, less restrictive rules apply to changes of residence, which are covered later in this article.

The 60 Day Notice Requirement

Section 16.9 of the Divorce Act requires that a parent who intends to relocate must give at least 60 days' written notice before the expected date of the move. This notice must be given to every person who has parenting time, decision making responsibility, or a contact order with respect to the child.

The notice must be given using the prescribed Notice of Relocation form published by the Department of Justice Canada. It's not enough to simply tell the other parent you're planning to move. The formal notice must include specific information:

An important detail: even if you're the one moving and the child is staying with the other parent, you still need to give notice if your move is expected to have a significant impact on the child's relationship with you. The obligation applies to any person with parenting time, decision making responsibility, or a contact order who is relocating.

Objecting to a Relocation

After receiving a Notice of Relocation, anyone with parenting time or decision making responsibility has 30 days to object. The objection must be made either by filing a written objection using the prescribed form or by filing a court application to seek an order preventing the relocation.

A person who has only a contact order (for example, a grandparent with a contact order) cannot formally object to a relocation. However, they are still entitled to receive the notice and can raise their concerns with the court if they have standing to do so. For more about contact orders, see our guide to grandparent rights.

What Courts Consider

When a relocation is contested, the court must decide whether to allow the move based on the best interests of the child. Section 16.92 of the Divorce Act lists specific factors the court must consider:

Notably, the court is specifically prohibited from considering whether the relocating parent would still move without the child if the relocation is denied (section 16.92(2)). This prevents a parent from using the threat of leaving the child behind as leverage to get the relocation approved.

Who Bears the Burden of Proof?

One of the most significant changes introduced by the 2021 Divorce Act is a clear framework for who bears the burden of proof in relocation disputes. This framework is based on the existing parenting arrangement:

The practical effect of these rules is significant. If you have your child for the vast majority of the time and want to relocate, the other parent bears the burden of showing the move would harm the child. But if you share parenting time roughly equally, you bear the burden of showing the move is in the child's best interests, which is a much harder standard to meet.

Exceptions for Family Violence

The Divorce Act recognizes that the standard relocation process may not be appropriate or safe in situations involving family violence. Courts have the authority to modify or waive the notice requirements if there is a risk of family violence to the child or the relocating parent.

If you're in a situation involving family violence and need to relocate for safety reasons, the 60 day notice requirement can be modified. The court can shorten the notice period, waive it entirely, or make other accommodations to protect the safety of the parent and child. However, you should seek legal advice before making any move to ensure you're protected.

For more about how family violence is handled in Canadian family law, see our guide to family violence and protective orders.

Moving Without Children (Change of Residence)

If your move doesn't meet the threshold of a "relocation" under the Divorce Act, meaning it won't have a significant impact on the child's relationships, it's classified as a "change of residence." The rules for a change of residence are less restrictive.

For a change of residence, you must give written notice of your new address and contact information to every person who has parenting time, decision making responsibility, or a contact order. There's no prescribed form required and no 60 day waiting period. However, you should give notice as soon as reasonably possible, ideally before the move.

Be careful, though. If a move you treat as a change of residence actually impacts the parenting schedule, the other parent could argue it's really a relocation that required 60 days' notice. When in doubt, it's safer to provide the formal notice.

Resources and Next Steps

Relocation disputes are among the most complex and emotionally charged issues in family law. If you're considering a move with your children, or if the other parent has given you a notice of relocation, getting legal advice early is essential. The rules are specific, the timelines are strict, and the consequences of getting it wrong can be severe.

Browse family lawyers across Canada to find a lawyer who can help you navigate a relocation.

This content is for informational purposes only and does not constitute legal advice. Laws vary by province and individual circumstances. Consult a qualified family lawyer for advice specific to your situation.