One of the biggest worries parents have during their separation or divorce is the fear that the other parent will move away with the children. A parent usually cannot move the children in a way that affects the other parent’s time with them without the other parent’s permission or a court order.

There is a focus on what is in the children’s best interests, and courts understand how important it is for children to have strong, ongoing relationships with both parents.

Can a Parent Just Move with the Children?

In most cases, the answer is no. If both parents are involved in the children’s lives, neither parent has the automatic right to move the children to another city, another province, or another country if it would make it harder for the other parent to see them.

Even if one parent has the children most of the time, they may still need the other parent’s written consent or a court order before relocating.

What Is Considered a “Relocation”?

A relocation is a move that would significantly impact the other parent’s relationship with the children. Some examples include:

• Moving several hours away
• Moving out of province
• Moving to another country

Notice Rules Under the Divorce Act

A parent who wants to relocate must give at least 60 days’ written notice to the other parent. The notice must include:

• When they plan to move;
• Where they plan to live;
• Are they relocating with or without the children; and
• A proposed new parenting time schedule.

The other parent has the right to object within 30 days of receiving the notice.

If the children’s primary residence has been allocated to the relocating party, by way of signed agreement or Court Order, the onus shifts to the objecting parent to show that relocation is not in the children’s best interests.

If there is an objection, the move cannot happen unless both parents agree, or a judge allows it.

How Do Judges Decide Relocation Cases?

Family Court judges decide relocation cases based on what is in the children’s best interests. There is no automatic rule that a parent can or cannot move. Each case depends on its own facts.

Judges may look at things like:

• The children’s relationship with each parent
• How the move would affect the children emotionally and socially
• Whether the move would make it harder for the left-behind parent to stay involved
• The reason for the move (for example, a job, family support, or safety)
• Whether a realistic new parenting schedule can work compared to the existing one.

The goal is to protect the children’s stability and their relationship with both parents.

Why Speaking to a Family Law Lawyer Matters

Relocation cases can be complicated and very emotional. The outcome can have a long-term effect on how often you see your children. If the relocation would reduce your time with your children, reaching out to a family law lawyer can help you better understand your rights, respond to a proposed move, and obtain representation in court if needed. Similarly, if you are looking to relocate with your children, a family law lawyer can help explain your rights, assess your relocation notice and provide representation in Court if needed.

Conclusion

In Ontario:

• Your spouse usually cannot move your children away in a way that affects your parenting time without your written agreement or a court order.
• If you are worried about a possible move, getting advice from a family law lawyer early can help protect your relationship with your children.
• If there is a risk that your spouse might make a move without your consent, act immediately to obtain the assistance of a family law lawyer in obtaining a court order to bar the move, until it can be evaluated to determine the best interests of the children.

Aarushi Gandhi
Associate Lawyer

Aarushi Gandhi, a Family Law Lawyer at Bair Family Law, offers empathy, unwavering support, and a listening ear when you need it most. Whether you are facing divorce or navigating other complex family law matters, Aarushi is here to guide you with compassion, clarity, and drive.

The information contained in this blog is provided solely for general interest; may not reflect current legal developments and should not be relied upon or construed as legal advice. Online readers should not act upon any information in this blog without first seeking professional advice. The sending or receipt of this information does not create a solicitor-client relationship between the reader and the content creator. For specific, comprehensive and up-to-date information, or for help with a particular factual situation, you should seek the advice of a family law lawyer.