Can I Move Away with My Child After Separation? What is a “Relocation”?
There are many good reasons why a parent may want to move after separation. Unfortunately, when children are involved, the decision is not always yours alone.
A new job. Lower housing costs. Family support. A new relationship.
There are many good reasons why a parent may want to move after separation. Unfortunately, when children are involved, the decision is not always yours alone.
One of the most common questions family lawyers hear is: "Can I move away with my child?”
The answer is: it depends.
Moving Is Not Always "Relocation"
Under BC's Family Law Act and the federal Divorce Act, a move is a “relocation” when it involves a change in the residence of a child (or a person with parenting time or decision-making responsibility) that is likely to have a significant impact on the child’s relationship with a parent or someone with contact under a contact order.
If a move does not meet that “significant impact” threshold, it may be treated instead as a “change in place of residence,” which has its own notice requirement.
In practice, whether a move is a relocation often turns on its real-world effect on parenting time and the child’s relationships, especially where distance and travel make the existing schedule difficult or impossible to maintain.
You Cannot Simply Pack Up and Go
Many parents are surprised to learn that the law requires advance notice before certain moves can take place.
In most cases, a parent proposing a relocation must provide at least 60 days' written notice to the other parent. If the other parent objects, the matter may need to be decided by a judge.
There are limited exceptions, including situations involving family violence or where there is no meaningful ongoing relationship between the child and the other parent.
What Do Courts Look At?
Many parents believe relocation cases are decided based on who has the better reason for moving.
That is not really how courts approach the issue.
The central question is always the child's best interests.
Courts may consider factors such as:
- the child's relationship with each parent;
- the child's need for stability;
- the reasons for the proposed move;
- whether the move is being proposed in good faith;
- the effect of the move on the child's relationship with the non-moving parent; and
- whether reasonable parenting arrangements can be put in place after the move.
A parent may have an excellent reason for relocating, but if the move would significantly undermine a child's relationship with the other parent, the court may refuse it.
Recent Cases Show How Difficult These Disputes Can Be
Recent relocation decisions continue to demonstrate that these cases are among the most fact-specific disputes in family law.
There is no automatic rule that a parent can move because of a better job, a new spouse, lower living costs, or access to extended family. Likewise, there is no automatic rule preventing a move simply because the other parent objects.
Courts carefully examine the parenting history, the child's circumstances, and the practical realities of maintaining meaningful relationships after the move. Even where a proposed move appears reasonable, courts may refuse relocation if the evidence does not show that it is in the child's best interests.
What Should You Do If You Are Thinking About Moving?
If you are considering a move with your child after separation, it is important to get legal advice before making plans.
A relocation dispute can quickly become one of the most expensive and emotionally difficult issues in family law litigation. Taking the proper steps early can often avoid unnecessary conflict and improve the chances of reaching a workable solution.
Whether you are proposing a move or opposing one, understanding your rights before the moving truck is booked can make all the difference.
This blog post provides general information and is not intended as legal advice. Laws change frequently, please contact DuMoulin Boskovich LLP for advice specific to your situation.