Moving with your child after a divorce or separation can be hard, especially when you have to think about the law. In Ontario, there are strict rules about parents moving, and they are based on what is best for the child. Parents need to know when they can move without asking the court for permission and when they need to. If you’re moving or trying to stop someone else from moving, talking to a knowledgeable Family Lawyer in Barrie like Chapman Steffler LLP can help you understand your rights as a parent and protect them.
When Does a Parent Need Court Approval to Relocate?
Not every move needs to go through the courts, but some do need to be looked into by the law. You might need the court’s permission if the move you are considering would make it difficult for your children to spend time with the other parent or for you and the other parent to make important decisions for your children. You may require court approval in situations where:
- The other parent doesn’t want the move to happen.
- There is no current order or agreement about relocating.
The law relating to relocation is governed by two pieces of legislation: the Divorce Act, which applies to divorced parents (or married parents who are in the process of getting divorced) and the Children’s Law Reform Act (CLRA), which applies to separated parents who were not married. Although these Acts differ somewhat in regards to other issues, their provisions regarding changes of residence and relocation are largely the same.
What Does the Law Define as a “Relocation”?
The Divorce Act and CLRA define relocation as a move that is likely to have a significant impact on the child’s relationship with:
- The other parent,
- Anyone else who has parenting time, or
- Anyone with decision-making responsibility.
Since the question of whether a proposed move qualifies as a relocation depends on the impact of the move on a child’s relationship with others, rather than just geographic distance, it is highly fact-specific. For example, in many cases, moving from Barrie to another city or province would likely be considered a relocation, but there may be exceptional cases where it would not. For instance, if the other parent already resides in another city or province and only sees the child occasionally, moving to another city might not have a significant impact on the child’s relationship with the other parent, such that it would not be considered a relocation. In contrast, if parents spend roughly equal time with a child, one parent moving across town could disrupt school routines and parenting schedules in such a way that it would be considered a relocation.
Since the issue is so fact-specific, it’s essential to seek legal advice to determine whether your proposed move legally might be considered a relocation. Chapman Steffler LLP can help assess your circumstances and advise you on your next steps.
Notice Requirements: How and When to Notify the Other Parent
Providing formal notice of relocation is a legal obligation, not just a courtesy. The Divorce Act and CLRA set out clear notice rules:
Key Notice Requirements:
- Give at least 60 days’ written notice before the proposed move.
- Include key details such as:
- The date of the move,
- The new address and contact information, and
- A revised parenting time proposal showing how the child will maintain a relationship with the other parent.
What If the Other Parent Objects?
The other parent has 30 days from the date they receive the notice of relocation to write a letter of objection, if they do not agree with the move. Depending on the specifics of the proposed move, and the reasons for the other parent’s objections, you might be able to resolve the issue through negotiation and/or mediation. If you cannot agree, you may need to go to court to have a judge decide whether the relocation should be allowed.
Failing to provide prior notice can result in serious consequences. Courts generally disfavor situations where one parent relocates without giving proper notice, and may even order the parent to return the child to the jurisdiction from which they moved. If you’re not sure how to prepare your notice, you can contact a Family Lawyer in Barrie for assistance.
What Does the Court Consider When Deciding on Parental Relocation?
The court’s primary concern is the child’s best interests, as outlined in Section 16.92 of the Divorce Act. The court balances several factors, including:
Key Considerations:
- The reason for relocation: Courts can consider whether there is a sensible reason for the proposed move and a benefit to the child, or if the move is only being proposed to interfere with the other parent’s relationship with the child.
- Impact on the child’s well-being: The court considers whether the move will improve the child’s circumstances, such as by providing better schools, a safer environment, or improved social opportunities.
- History of care: Which parent has been the main caregiver, and how much has each parent been involved?
- Past cooperation: Has the relocating parent consistently supported the child’s relationship with the other parent?
- Notice compliance: Did the relocating parent follow all rules?
- Practical solutions: Can long-distance travel, digital communication, or adjusted parenting schedules help maintain a strong relationship with the non-relocating parent?
For a deeper understanding of how courts evaluate parenting time and decision-making, visit Chapman Steffler’s detailed blog on Parenting Time & Decision-Making in Ontario.
Can a Parent Relocate Without Court Approval?
If both parents agree on the proposed relocation and any resulting changes to the parenting arrangements, then court approval is usually not required. They can change their parenting agreement or get a consent order to reflect the changes to their family’s circumstances. If there is a disagreement, though, or if the move has a big effect on the child, the court will probably need to approve it.
If parents move without court approval or without giving the right amount of notice, they could face legal trouble. The court may order that the child be returned to their previous residence, and the relocating parent could be found in contempt of court.
For additional insights on preventing interference with parenting rights, read Chapman Steffler’s blog on Preventing a Child from Contacting the Other Parent.
How Can Parents Resolve Relocation Disputes Out of Court?
Disputes over relocation can often be resolved outside the courtroom using methods such as:
- Mediation: A neutral third party helps parents come up with a plan that works for both sides.
- Parenting coordination: Parenting coordination helps separated parents resolve their disputes without going to court.
- Negotiation through lawyers: A Divorce Lawyer in Barrie can help you negotiate parenting solutions that work for your family.
Out-of-court solutions typically save time, reduce conflict, and minimize costs. If informal negotiations fail, your lawyer will help you prepare a strong case for court.
Addressing Mobility Rights with a Parenting Agreement
Proactively addressing relocation in a parenting agreement can help to prevent future disputes. A comprehensive agreement might include:
- Relocation notification timelines,
- Geographic restrictions,
- Agreed-upon parenting schedules post-move,
- Dispute resolution processes.
If you haven’t created a parenting agreement, Chapman Steffler LLP can help. Visit our page on Separation and Parenting Agreements to learn how we can assist.
Practical Tips for Parents Considering Relocation
If you’re planning to relocate with your child, consider these best practices:
- Start planning early. Court processes and negotiations take time.
- Clarify your reasons. Gather evidence showing how the move benefits your child.
- Communicate respectfully. Early, honest dialogue with the other parent can reduce conflict.
- Offer solutions. Propose realistic options for ongoing parenting time.
- Get legal advice. A knowledgeable Family Lawyer Barrie can help you avoid legal pitfalls.
Top 8 FAQs on Parental Relocation in Ontario
1. Can my ex stop me from relocating with our child within Ontario?
Yes, if the move has a significant impact on how the child gets along with your ex. Your ex can stop you from moving under the Divorce Act or the Children’s Law Reform Act. The court will make the final decision based on what is best for the child if the disagreement can’t be worked out. It’s always a good idea to tell your ex and try to work out changes to your parenting time.
2. What happens if I move without notifying the other parent?
Not giving written notice is against the Divorce Act. The court may tell you to take the child back to where they lived before. If you don’t follow the rules, the courts will take it seriously, and it could hurt your credibility and parenting rights. You can avoid this by getting legal advice.
3. What if the child wants to move?
Depending on how old and mature the child is, their wishes may be taken into account. But their choice is only one part of a bigger analysis of what’s best for them. Courts usually look at more than just what the child says they want. They look at things like stability, education, and the child’s emotional ties.
4. Do I still have to give notice if the other parent rarely sees the child?
Yes, you still have to give notice unless your court order or agreement says you don’t have to. A parent who isn’t involved still has legal rights unless a court order takes them away.
5. Can we avoid court by agreeing to the relocation in writing?
Yes, if both parents sign a paper saying they agree, the case can be settled without going to court. It is smart to make the agreement official by getting a Divorce Lawyer in Barrie to help you write a new parenting order or separation agreement.
6. What if my relocation is urgent due to a job transfer?
If you have a short deadline, get legal help right away. Courts can look at applications for urgent moves. You still have to pass the same best-interests test, and you’ll need to explain why you couldn’t give the usual 60 days’ notice.
7. Does the relocation process differ if we were never married?
No. The process under Ontario’s Children’s Law Reform Act is similar because it also focuses on what is best for the child. You will still need to give notice and, if necessary, get permission from the court.
8. What if the relocating parent offers generous parenting time to the other parent?
When parents suggest ways to keep the child close to both parents, courts like it. If the move is good for the child, a plan that includes holiday visits, virtual communication, and long stays can help the court approve it.
Final Thoughts: Get Expert Legal Guidance for Your Relocation Case
Parental relocation disputes can be complex and emotionally draining. Whether you’re seeking to move or objecting to your child’s relocation, working with a skilled legal team is essential.
Chapman Steffler LLP, your trusted Family Lawyer Barrie, provides compassionate, results-driven representation in parental relocation cases. Reach out today to protect your parental rights and your child’s future.
