The Divorce Act Changes Explained

Relocation

Notice
(Section 16.9(1), Divorce Act)

New section

Relocation

Notice

16.9 (1) A person who has parenting time or decision-making responsibility in respect of a child of the marriage and who intends to undertake a relocation shall notify, at least 60 days before the expected date of the proposed relocation and in the form prescribed by the regulations, any other person who has parenting time, decision-making responsibility or contact under a contact order in respect of that child of their intention.
Old section

None.

What is the change

Before relocating themselves or the child, anyone who has parenting time or decision-making responsibility must give notice as required by the Act to anyone else who has parenting time, decision-making responsibility or contact with the child. The notice must provide specified information at least 60 days before the relocation.

Reason for the change

Section 2(1) defines relocation as a move expected to have a significant impact on the child’s relationships with specified individuals. Requiring 60-day advance notice of a proposed relocation helps protect these relationships. The person relocating is to provide notice by completing a specific form.

Notice gives the parties the opportunity to discuss the proposed relocation and attempt to resolve any issues. It also allows for a formal objection to the move, if necessary.

When

March 1, 2021.

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