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My spouse and I are divorced. Can I relocate with our child?

Prepared by Emma O'Dea

· Family Law,Children,Marriage

After you and your spouse divorce, there may be several reasons why one or both of you may decide to relocate. Maybe you have a new spouse, or there are better economic opportunities or family support elsewhere.

The British Columbia Family Law Act requires that when a guardian decides to relocate with their child, they must notify the other guardian at least 60 days before the proposed move. The relocating parent must also provide the other parent with the date of the move and the location.

If the parties agree, then the move can take place. But what happens if the other parent disagrees?

If your ex disagrees with your move, they must file an application which asks the court to prohibit the relocation. You will need to respond to the application.

As in all family law cases, it is still an option for your and your spouse to negotiate a solution outside of court.

When hearing cases that involve relocation of a child, the court must consider several things including:

- Whether an agreement about relocating exists between the parties

- Any urgency which requires relocating

- The reasons for the relocating

- The plans the relocating parent has made for the child

- Whether the quality of life of the child will be improved by relocating

- How the relocating may impact the child’s relationship with the other parent


Importantly, the relocation must be in the best interests of the child.

If you are facing a child relocation issue, our family lawyers at Icon Law Group are there to help.

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