Separation can change where you want or need to live. You may receive a career opportunity farther from home, want to be closer to relatives, or decide that another community offers a better fit for your family.
However, if you share parenting responsibilities, a move that affects your child is not always yours to make independently.
Knowing how the process works in Ontario before making firm plans can help you avoid missed deadlines and unnecessary conflict.
When Does a Move Become a Family Law Issue?
A change of address and a legal relocation are not necessarily the same thing. The key consideration is the effect of the move.
If relocating would significantly change the child’s relationship with a person who has parenting time, decision-making responsibility, or certain contact rights, the formal relocation rules may apply.
For example, moving a short distance while keeping the same school and parenting schedule may have relatively little impact. However, moving to another region could make weekday parenting time difficult, require a school change, or add significant travel between households.
That practical impact matters more than simply calculating the number of kilometres between the old and new homes
For divorced parents, relocation is addressed under the federal Divorce Act.
Ontario’s Children’s Law Reform Act contains corresponding rules that may apply to parents whose circumstances fall outside the federal legislation.
What Should Happen Before a Parent Relocates?
Planning ahead is particularly important because relocation comes with formal notice requirements.
A parent intending to relocate with a child will generally need to provide at least 60 days’ written notice before the proposed moving date.
The notice gives the other parent information about the planned change and time to consider how it may affect the existing parenting arrangement.
Required information generally includes:
- The proposed moving date
- The new address and contact details
- A suggested arrangement for parenting time, decision-making responsibility, or contact after the move
The parent receiving the notice generally has 30 days to object through the applicable legal process.
However, there are circumstances where a court may adjust notice requirements, including certain cases involving family violence.
What Will a Court Consider if Parents Disagree About the Move?
When parents cannot reach an agreement, the court focuses on the best interests of the child.
That assessment can include several aspects of the child’s current and proposed circumstances, such as:
- How the relocation could affect the child
- The reason the move is being proposed
- The existing parenting arrangement
- Each parent’s involvement in the child’s life
- Whether an agreement or court order addresses relocation
- Whether the proposed parenting schedule after the move is realistic
- Travel arrangements and the costs associated with maintaining parenting time
The assessment is broader than whether the new location offers a better house or employment opportunity. In these cases, the court looks at the overall effect the change could have on the child’s stability and well-being.
How Does the Current Parenting Arrangement Affect a Relocation Case?
How parenting time is currently divided can affect which parent must establish that the proposed outcome is in the child’s best interests.
If a child spends substantially equal time with both parents, the parent seeking to relocate will generally need to demonstrate that the relocation is in the child’s best interests.
If the child spends the vast majority of their time with the parent proposing the move, the parent opposing relocation will generally need to demonstrate why it would not be in the child’s best interests.
Where neither situation applies, both parents may have responsibility for establishing their position.
Why Is Barendregt v. Grebliunas Important for Ontario Parents?
The Supreme Court of Canada considered parental relocation in its 2022 decision, Barendregt v. Grebliunas.
The decision reinforced that there is no automatic answer simply because one parent has historically provided more care or because a parent has a compelling personal reason to move.
Instead, courts must consider the child and family before them.
The decision also highlighted the importance of circumstances such as caregiving history, the child’s relationships, and any family violence concerns.
A parent’s motivation for moving may be relevant when it helps the court understand how the proposed relocation connects to the child’s best interests.
How Can Parents Prepare for a Possible Relocation Dispute?
If you are proposing relocation, consider what the new arrangement would look like in practice.
- Where would the child attend school?
- How would transportation work?
- What parenting schedule could preserve a meaningful relationship with the other parent?
- Who would cover additional travel?
Consider the parenting time that may be lost, changes to established routines, and whether the proposed alternative schedule is practical.
Both parents may also benefit from discussing the issue before it reaches court.
Negotiation or mediation can sometimes produce solutions that address travel, holidays, communication, and parenting time while giving both parents more control over the outcome.
Frequently Asked Questions About Relocation With a Child in Ontario
Can I Move to Another Ontario City With My Child?
Possibly, but the fact that the move remains within Ontario does not automatically mean the relocation rules do not apply. The impact on the child’s relationships and parenting arrangement is what matters.
Does Having Sole Decision-Making Responsibility Mean I Can Relocate?
Not automatically. Decision-making responsibility and relocation are separate legal issues. A parent may still have to follow the applicable notice and relocation process.
What if the Other Parent Does Not Object to the Relocation?
If the required notice has been given, the objection period passes without a formal objection, and there is no order preventing the move, the relocation may generally proceed as planned.
What if a Parent Relocates Without Providing Proper Notice?
Moving without following applicable requirements may lead to court proceedings and can become relevant when the court assesses the relocation itself. Depending on the circumstances, the other parent may seek urgent legal remedies.
Do Relocation Disputes Always Have to Go to Court?
No. Some parents are able to resolve relocation disagreements through negotiation or mediation. Whether an out-of-court process is appropriate will depend on the family’s circumstances, including any safety concerns.
Understand Your Options Before You Make the Move
If you are planning a move with your child or have learned that the other parent intends to relocate, Howard Nightingale Professional Corporation can help you understand how Ontario’s relocation rules may apply to your situation.
Book a free 30-minute consultation with our family law team to discuss your next steps.
Your information will always remain private and confidential.