Relocation

For a move to be considered a “relocation”, the move must change the parenting time schedule for the child. For example, a parent’s move with their child from Saskatchewan to Ontario would generally be considered a relocation. A parent’s move from Saskatchewan to Ontario away from their child would also be a relocation. This is because of the distance between the parent’s new home and the child’s current home, and how this affects parenting time. Keep in mind that a move to a different city may also be considered a relocation.

If you plan to move, you need to give notice of your plan to the other parent with parenting responsibilities and/or a person with contact under a contact order. The notice must give specific details about the move and must be given at least 60 days before the move. If the other parent with parenting responsibilities who received the notice does not object to the child’s move within 30 days of receiving the notice and there is no court order saying that the move cannot happen, then you can move.

However, if the other parent objects to the move, they will serve an objection to relocation giving specific details about the objection or they can apply to the court to stop the relocation.

The court will decide whether a child can or cannot relocate based on the best interests of the child and the following extra factors:

• Reason for the relocation;
• Impact of the relocation;
• Whether the person planning the relocation has followed the notice rules;
• Whether there is a court order, agreement or arbitral award;
• Whether the proposal to change the parenting arrangement is reasonable;
• Whether parents have been complying with their family law orders, agreements and arbitral awards.

If both parents have substantially equal parenting time with the child, the person planning to relocate with the child must prove that the move is in the best interests of the child. If the person planning to move with the child has the vast majority of parenting time with the child, the other parent must prove that the move would not be in the best interests of the child.

Relocation laws in Ontario can be tricky but we at Melekhovets Law can help you navigate this process and advise on the best court of action.