If you have parenting time with or decision-making authority for a child, you must take certain steps before you move. This applies even if you are moving without your child. A move may be within the same city or to another city, province or country.
If the other parent wants to move with your child, you can object to the move. If you cannot agree on whether your child should move, the court will decide what is in your child’s best interests.
Anyone who moves a child without permission from the court or both parents may be forced to return the child or be charged with kidnapping.
On this page, “parent” refers to both a parent and a guardian.
Need to know
- A decision to move a child must be in the best interests of the child, not of the parents.
- A separation agreement or parenting order may say one parent can move with the child without the other parent’s consent.
- If a parent wants to move with their child, they must propose a fair and practical parenting plan to the other parent.
- A parent can object to their child moving if they believe the move is not in their child’s best interests.
Get started
Learn the basics about who are a child’s parents and guardians before you deal with a move.
Next, if you have parenting time with or decision-making authority for child, know the two types of moves described in the law.
A change in residences is any move that is not a relocation.
A relocation is a move that is likely to significantly impact the child’s relationship with:
- a person who has parenting time, decision-making authority, or an applicationapplication A court appearance where the applicant asks the court for an order to resolve some or all of their legal issues. for a parenting order, or
- a person who has contact with the child under a contact order.
The law does not say how far away a change in residence is versus a relocation. It depends on each family.
For one family, moving a certain distance might be a relocation because it significantly affects the child’s relationship with others. For another family, moving that same distance might only be a change in residence because it does not significantly impact the child’s relationship with others.
If you must move because of an emergency
If your or your child’s safety is an issue, ask the court for a protection order. You can also reach out to community agencies and the police for help.
If you must move because of tight finances, try to use all other community supports or ask the court for a child support order.
If you want to move with your child
If you want to move with your child, you must take steps to minimize the impact of the move on your child and their relationships with other important people in their life, including another parent or person with a contact order.
Review your agreement or parenting order
Usually these documents say how many days of advance notice you must give to other parent, guardian or person with a contact order when you are moving. This applies whether you are moving with or without your child.
Your agreement or order will usually say you need a court order allowing your child to move if the other parent does not consent to the move.
Did you know?
You may face legal consequences if you move with your child without notifying the other parent, against the other parent’s wishes or without the court’s approval. You could lose primary care of your child, and you may have to return your child to their original city or home. The court can also order you to pay costscosts Money the more successful party in a court proceeding can ask the justice to order the less successful party to pay. Costs reimburse the more successful party for having to go through the court process to get a resolution. or fines to penalize you and can even imprison you.
Make a plan for if the move happens
A move can greatly impact how much time the child spends with each parent or person with a contact order. Before you talk to the other parent, it is a good idea to come up with a plan for if the move happens.
Think about how the move will affect your child and the time your child spends with the other parent or a person with a contact order.
- Will the other parent see their child less than they currently do? How will you accommodate the other parent’s parenting time?
- Who will cover travel costs for your child to see the other parent?
- How will a person with a contact order continue to spend time with your child?
- Why do you think the move is in the best interests of the child? If the move will negatively impact your child, how will you deal with this?
Once you have come up with a plan, talk to the other parent or person with a contact order if you feel safe and comfortable doing so.
Conflict can arise when people do not agree on what is best for a child. Often, a conversation goes a long way in resolving the issue. You and the other person can work together to come to an agreement or you can get help from a professional without going to court. The end result may be a creative solution that everyone agrees is in the child’s best interests.
Give formal notice of the move
You must follow the Divorce Act process of giving notice of a move if:
- you have parenting time or decision-making responsibility and
- you have a court order under the Divorce Act.
As soon as possible before moving, you must notify everyone who has parenting time, decision-making responsibility or a contact order. You must give them notice in writing and include:
- the proposed date of the move
- the address of the new residence
- your contact info
Once you give notice, you can move. You do not need consent from everyone else before this type of move because your move will not majorly affect other’s parenting time or contact time with your child.
If you are moving with your child, the other parent or a person with contact can apply to court for an order to stop the move if they think it is a relocation and not in the best interests of the child. If this happens, you should consider waiting to move until the court makes a decision.
If you have a court order saying you can relocate with your child, you do not have to notify others of the move.
If you do not have a court order letting you relocate without the consent of anyone else, you must notify others of your plans to relocate.
At least 60 days before the proposed move, you must give written notice to everyone who has parenting time, decision-making responsibility or contact with the child. Use the Notice of Relocation Form and include your plan for how your child will maintain relationships with the other parent and those with a contact order.
The other parent can object to your proposed move with your child by giving you an Objection to Relocation Form or by applying to court to change the parenting order to not allow your child to move. The court will decide whether your child should move after looking at what is in the child’s best interests. You should not move your child before the court makes a decision.
A person with a contact order cannot object to the move but can apply to court to vary their contact order to accommodate the move.
You can move with your child if the other parent does not object and you do not have a court order saying not to move the child.
If you do not have a court order under the Divorce Act, then the Family Law Act applies to you. While the Family Law Act does not require the above formal notices, it is still a good idea to follow a similar process for giving notice. For example, you can still apply to the court for or to vary a parenting order if the other parent is planning to relocate with your child.
If you are experiencing family violence
You can apply to court without noticewithout notice A court appearance where the applicant does not have to serve court documents or give notice about the court date beforehand to the respondent. to the other parent for permission to waive legal requirements. For example, to keep you safe, the court can allow you to move without notifying the other parent.
Go to court
You may need to go to court if:
- your parenting order says you must get the court’s permission to move with your child
- you and the other parent cannot agree on your child moving
- you need to update your parenting order to accommodate you and the child’s move
- you already have a parenting order and want to update it so everyone is on the same page about the move, even if you and the other parent agree on the move
A court order that says whether a child can move is known as a mobility order or a relocation order. It is a type of parenting order.
In deciding whether a child should move, the court always looks at the best interests of the child. It considers:
- the parenting arrangements and the relationship between the child and each parent
- how each parent supports communication between the child and the other parent
- efforts the moving parent will take to make sure the child stays in contact with the other parent
- the child’s opinion, depending on their age and maturity
- reasons why the parent is moving
- impact on the child if they were to live with the non-moving parent full-time. For example, if the child lives most of the time with the moving parent, what is the impact on the child if the other parent becomes the primary caregiver?
- impact on the child’s life, such as moving away from family members or adjusting to a new community, schools and activities
- any orders or agreements that say in what area the child should live
The court will not look at whether the person who wants to move would still do so if the court decides the child should not move.
Important things to know about a mobility order:
- If the parents have a court order or written agreement saying the child spends equal time with both parents, then the person who wants to move must show the move is in the best interests of the child.
- If the parents have a court order or written agreement saying the child spends the vast majority of their time with the parent who wants to move, then the parent objecting to the relocation must show the move is not in the best interest of the child.
- In all other situations, all parents must show whether relocation is in the best interests of the child.
- The court can divide between the parents any extra costs the non-moving parent incurs to have parenting time. This can include travel costs.
Learn more about the forms and process on the Get or respond to a court order page.
If you want to move without your child
If you are moving without your child, your move may still impact the other parent and your relationship with your child.
For example, if you are the primary parent and are moving to another city, is the other parent willing to become the primary parent? If you and the other parent have shared parenting and you are now moving across town, will the extra distance affect your parenting time?
You must take steps to come up with a plan for how you will continue to have a relationship with your child after the move.
Review your agreement or parenting order
Usually these documents say how many days of advance notice you must give to other parent, guardian or person with a contact order when you are moving.
Make a plan for if the move happens
Your move may greatly impact how much time you spend with your child. Before you talk to the other parent, it is a good idea to come up with a plan for if the move happens.
Think about how you will continue to have parenting time after the move.
- Will you see your child less?
- Who will cover travel costs for your child to see you?
- How will you continue to have parenting time?
- If you are the primary parent, how will your move impact your parenting arrangement?
- Will the other parent have to become the primary parent? How will this impact your child and will the other parent agree to this?
Give formal notice of the move
You must follow the Divorce Act process of giving notice of a move if:
- you have parenting time or decision-making responsibility and
- you have a court order under the Divorce Act.
At least 60 days before the proposed relocation, you must give written notice to everyone who has parenting time, decision-making responsibility or a contact order. Use the Notice of Relocation Form and include your plan for how you will maintain a relationship with your child.
Once you have given proper notice, you can move. Either parent can apply to court for a new parenting order or to update the existing one.
If you do not have a court order under the Divorce Act, then the Family Law Act applies to you. While the Family Law Act does not require the above formal notice, it is still a good idea to follow a similar process for giving notice. For example, you can still apply to the court for or to vary a parenting order if the other parent is planning to relocate without the child.
Go to court
You may need to go to court if:
- you need to update your parenting order to accommodate your move
- you already have a parenting order and want to update it so everyone is on the same page about the move, even if you and the other parent agree on the move
Learn more about the forms and process on the Get or respond to a court order page.
Example
Parent A doesn’t have primary care of the child and wants to move from Lethbridge to Fort McMurray. They currently see their child every other weekend. Parent A or Parent B can apply to court to change the parenting plan to accommodate their financial resources and work schedules.
If you object to the other parent moving with your child
Talk to the other parent about your concerns
If you do not think the move is in the child’s best interests, talk to the other parent if you feel safe and comfortable doing so.
Often, a conversation goes a long way in resolving the issue. Learn more about how to have an effective conversation on the How to communicate with the other person page.
Other ways to resolve the issue without going to court include counselling, mediation or arbitration. The end result may be a creative solution that everyone agrees is in the child’s best interests. Learn more on the Ways to resolve disputes page.
If the Divorce Act applies, formally object
If you receive a Notice of Relocation form from the other parent, you have 30 days to object. To do so, you must do one of the following:
- complete an Objection to Relocation Form and serve it on the parent proposing to move. You and the other parent can try to resolve the issue on your own or with the help of a professional. If you cannot agree on whether the child should move, one parent must apply to court to get or change a parenting order.
- apply to court to get or change a parenting order
The parent proposing to move cannot move with the child until the parents agree on the move or the court decides whether the child should move.
Go to court
You may want to go to court if:
- you do not think the move is in the child’s best interests
- the other parent says the move is a change of residences but you think it is a relocation
- the Divorce Act applies to you and you do not want to complete an Objection to Relocation Form
Learn more about the forms and process on the Get or respond to a court order page.
Potential issues
One parent does not agree with the other parent’s request to move.
You can get help from a professional before you go to court or ask the court for a mobility order to allow the move.
One parent moved the child without permission from either the other parent or the court.
The non-moving parent should immediately ask the court to order the parent to return the child until the court makes a decision on the move.