After separation, a parent may want to move for a new job, a relationship, more affordable housing, or support from family. A move may seem like a personal decision, but when children are involved, a change in residence can affect parenting time, transportation, schooling, childcare, and the child’s relationship with the other parent.
This is why parents need to distinguish an ordinary change of address from a relocation that may significantly affect a child’s relationship with the other parent. The legal issue is not only how far a parent wants to move. The practical impact of the move is often what matters most.
When Does a Move Become a Relocation?
Under Canadian family law, certain moves are treated as relocations when they are expected to have a significant impact on the child’s relationship with a parent or another person with parenting time or decision-making responsibility. Distance matters, but it is not always the deciding factor.
A move across town may have little impact in one family if the school, commute, and parenting schedule remain workable. In another family, a move to a different city or even a different part of the region could substantially interfere with an established schedule. Parents should look at the real-life effect on the child, not just the map.
Notice Requirements Matter
Parents planning a relocation generally need to provide formal notice to the other parent and certain other people with parenting time or decision-making responsibility. The notice requirements are specific, and failing to follow them can create serious complications.
The notice should provide enough information for the other parent to understand the proposed move and consider how parenting arrangements would change. This may include the proposed new address, moving date, reasons for the move, and a proposed parenting schedule after relocation. Informal notice after plans are already finalized can increase conflict and weaken trust.
What Happens If the Move Is Opposed?
If the other parent objects, the issue may need to be resolved through negotiation, mediation, or court. The court’s focus is the best interests of the child, rather than which parent has the stronger personal reason for moving.
A proposed parenting schedule after the move can therefore be extremely important. The relocating parent should be prepared to explain how the child’s relationship with the other parent will be maintained, including transportation, holidays, video calls, school breaks, and the cost of travel. The parent opposing the move should be prepared to explain the practical impact on the child, not just their disagreement with the decision.
Think Beyond Distance
Parents should consider school, extracurricular activities, childcare, travel time, extended family, medical supports, and the child’s existing routines. A relocation can affect much more than the number of kilometres between two homes.
Timing also matters. A move during a school year, immediately before an important transition, or during an ongoing parenting dispute may create additional concerns. Even where a move is ultimately permitted, poor planning can increase stress for the child and make cooperation more difficult.
Before You Move
Do not assume that a new address can simply be communicated after the fact. Review your existing agreement or order and obtain legal advice before making a relocation decision. If the move may affect parenting time or decision-making, early advice can help you understand your obligations and prepare a stronger proposal.
At Segal Law, we help parents understand the difference between everyday moves and relocations, prepare appropriate proposals, and navigate objections when an agreement cannot be reached. Early advice can help you avoid unnecessary conflict and protect your child’s stability.