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Steps to Relocate with your Child

Prepared by Harry Saini, Associate Counsel

· Family Law,Children

If you're in the middle of a family law dispute and you're thinking about moving to another city
or province, you can't simply relocate. As a parent or spouse, you have to give notice before your relocation. This is at least a two month process.

First, you must issue a 'Notice to Relocate' to all other child guardians at least 60 days before the proposed relocation. The Notice to Relocate must include the date of the relocation and the name of the proposed location.

If another guardian disputes the proposed relocation, then that guardian must file an application
for an order to prohibit the relocation within 30 days of receiving the Notice to Relocate. This can happen in either the Supreme or Provincial Court.

On an application by a guardian, a court may make an order permitting or prohibiting the relocation of a child. To make its decision, the Court will consider the best interests of the child - i.e., is it in the child's best interests to relocate or to stay? The Court will also consider whether the proposed relocation is made in good faith, and whether the relocating guardian has proposed reasonable
and workable arrangements to preserve the other parent's relationship with the child.

If the Court permits the child's relocation, the Court may also make an order for parenting arrangements or an order for security. In summary, the Court seeks to preserve, as much as possible, parenting arrangements with all parents.

If you're planning to relocate or your child's other parent intends to relocate, contact us today
to get help. These applications can be time sensitive, and you want to make sure your child's best interests are protected.


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