Infographic - Relocation

Relocation

Under the Divorce Act, a “relocation” is a move that will have a big impact on a child’s relationships. It generally means that the move would require big changes to the parenting schedule.

If you have a court order under the Divorce Act for parenting responsibilities and you are planning a relocation...

You need to give notice when you are planning to move:

• with your child
• away from your child

You must give notice at least 60 days before the move

You need to give notice to anyone with:

• parenting responsibilities
• a contact order

If you have parenting responsibilities and the other parent gives you notice about relocating your child...

The Divorce Act requires parents to try and come to an agreement, where appropriate. This includes cases about a child’s relocation.

If you cannot come to an agreement, you have 30 days after you receive the notice to object - either by using a specific form, or by making an application to the court. Even if you object, the Divorce Act requires you and the other parent to try and come to an agreement, where appropriate.

The person who gave the notice can go ahead with the relocation if 1) they do not receive your objection within 30 days and 2) there is no court order saying the move cannot happen.

If you are giving notice of a relocation or objecting to a relocation you must provide specific details about the move. The Notice of Relocation form and the Objection to Relocation form show you all of the information you must include and are available on the Department of Justice Canada website.