- A parent who intends to relocate with a child must generally give at least 60 days' written notice to anyone with parenting time, decision-making responsibility, or contact.
- The notice must include the new address, contact information, and a proposal for how parenting time or contact could continue.
- A person who receives notice has 30 days to object, using a specific process set out in the regulations.
- If no one objects within 30 days, and no court application is brought, the relocating parent may proceed with the move after the 60-day notice period.
- If the relocation is contested, a court decides based on the best interests of the child, guided by specific factors set out in the Divorce Act.
- A family violence exception allows a court to waive or modify the notice requirement where safety is a genuine concern.
The Short Answer
Relocating with a child after separation is not simply a matter of packing up and moving. Under the federal Divorce Act, a parent who intends to relocate with a child must give at least 60 days' written notice to anyone with parenting time, decision-making responsibility, or contact under a contact order. If the other party objects within 30 days, the move generally cannot proceed without either agreement or a court order.
What Counts as a “Relocation”?
Generally, a relocation is a move that would have a significant impact on the child's relationship with a person who has parenting time, decision-making responsibility, or contact — most commonly a move to a different city, province, or country, though the specific impact on the existing arrangement matters more than distance alone.
The 60-Day Notice Requirement
A parent planning a relocation must provide written notice, in the form prescribed by the regulations, at least 60 days before the expected date of the move, to every person who has parenting time, decision-making responsibility, or contact under a contact order with the child.
What the Notice Must Include
- The intention to relocate
- The address of the new place of residence and contact information
- A proposal for how parenting time, decision-making responsibility, or contact could be exercised after the move
- Any other information required by the regulations
The 30-Day Objection Process
Once notice is received, the other party has 30 days to object. A valid objection must set out that the person objects to the proposed relocation, their views on the proposed parenting arrangements, and any other required information.
A proper objection has specific formal requirements — simply telling the other parent verbally that you disagree is not the same as filing a valid objection within the 30-day window.
If No One Objects
If no valid objection is filed within 30 days, and no court application is brought regarding the move, the relocating parent may generally proceed with the relocation once the full 60-day notice period has passed.
If the Relocation Is Contested
Where a valid objection is filed, the relocation generally cannot proceed as planned without either the parties reaching an agreement or a court deciding the issue. This typically proceeds like other contested parenting matters — negotiation, potentially mediation, and if necessary, a court hearing.
How Courts Decide
A court deciding a contested relocation case applies the best interests of the child standard, considering factors specific to relocation, including:
- The reasons for the proposed relocation
- The impact of the move on the child's relationships with each parent and other important people in their life
- The existing parenting arrangement and how workable it would remain after the move
- Whether the relocating parent's proposal for continued parenting time or contact is reasonable
- Any court order, arbitral award, or agreement that specifies the geographic area in which the child is to reside
A parent with the majority of parenting time receives a new job offer requiring relocation to another province. They give proper 60-day notice with a detailed proposal for extended school-break parenting time and virtual contact. The other parent objects, and the matter proceeds to a court hearing, where the judge weighs the reason for the move, the child's existing relationships, and the practicality of the proposed new arrangement.
The Family Violence Exception
Where family violence is a genuine concern, the Divorce Act allows a party to apply to a court — without advance notice to the other party — to waive or modify the standard relocation notice requirements. This exception exists specifically to protect safety in situations where standard notice could put someone at risk.
Common Mistakes
The 60-day notice requirement has specific formal requirements — a casual conversation does not satisfy it.
A relocation notice without a genuine proposal for continued parenting time is far more likely to trigger a serious objection.
A parent who disagrees with a relocation but fails to file a proper, timely objection risks losing the opportunity to formally contest it before the move.
Relocating without proper notice, or before a contested objection is resolved, can seriously undermine your position — including how a court may view your credibility and judgment later.
Planning a relocation, or received a relocation notice you disagree with? Call our Toronto family lawyers at 416-274-2222 for a free consultation.
Frequently Asked Questions
It depends on the distance and impact of the move. A significant relocation that would materially affect the child's relationship with the other parent generally requires formal notice under the Divorce Act, and either agreement from the other parent or, if contested, a court order. A short-distance move within the same city may not trigger the same formal relocation process.
At least 60 days before the expected date of the move, using the form prescribed by the regulations, given to anyone who has parenting time, decision-making responsibility, or contact under a contact order with the child.
The notice must include your intention to relocate, the address of the new residence and your contact information, and a proposal for how parenting time, decision-making responsibility, or contact could be exercised after the move.
The other parent has 30 days from receiving the notice to object, setting out their objection and their own views on the proposed arrangements. If a valid objection is filed, the relocation generally cannot proceed as planned without either an agreement or a court order resolving the dispute.
If no objection is filed within 30 days and no court application is brought, the relocating parent may generally proceed with the move once the 60-day notice period has passed.
The court decides based on the best interests of the child, considering factors specific to relocation cases — including the reasons for the move, its impact on the child's relationships, the existing parenting arrangement, and whether the proposal for continued parenting time or contact is reasonable and workable.
It depends on the existing parenting arrangement. Where parenting time is substantially shared, both parents generally have the burden of demonstrating the move is (or is not) in the child's best interests. Where one parent has the significant majority of parenting time, the burden allocation can differ. The specifics matter, so get legal advice for your situation.
The Divorce Act includes a specific exception for situations involving family violence, allowing a party to seek a court order — without advance notice to the other party — to waive or modify the standard notice requirements where safety is a genuine concern.
Ontario's Children's Law Reform Act includes similar relocation and mobility provisions for parents who were never married, generally aligned with the framework used under the federal Divorce Act for married and divorcing parents.
A move that does not materially affect the child's relationship with the other parent or the existing parenting arrangement may not trigger the formal relocation process in the same way — but even shorter moves can matter if they affect schooling, routine, or the practicality of the existing schedule. When in doubt, provide notice and communicate early.
It is strongly recommended for anything beyond a fully agreed, low-conflict move. Relocation cases are among the most legally and emotionally significant disputes in family law, and getting the notice, objection, or response process right matters — both procedurally and for how a court may ultimately view the situation.