Relocation after a divorce is a very challenging and emotionally charged issue facing separated parents in Ontario. Whether it’s a move across the city or to another province or country, the decision to relocate with a child can significantly impact existing parenting arrangements and the child’s relationship with both parents. As a result, Ontario courts treat relocation matters with great caution, balancing the relocating parent’s rights with the child’s best interests.
Under the Divorce Act, which governs divorced parents across Canada, recent amendments have clarified the legal framework around relocation. If a parent with decision-making responsibility or parenting time intends to relocate, they must provide at least 60 days’ written notice to the other parent (and any other person with parenting rights) before the move. This notice must include the moving date, the new address, and a proposal for how parenting time could be exercised after the move.
Once the notice is given, the non-relocating parent has 30 days to object. If they do, the matter often proceeds to court unless the parties can resolve the issue through negotiation or mediation. The court will not automatically allow or deny a relocation. Instead, judges consider several factors, including the reason for the move, the existing parenting arrangement, the impact on the child’s relationship with both parents, and, ultimately, what is in the best interests of the child, the ultimate guiding principle in all family law decisions where children are involved.
It’s important to note that the burden of proof depends on the existing parenting structure. If one parent has the child the vast majority of the time, the court may be more inclined to allow the relocation. However, if both parents share parenting time more equally, the court will scrutinize the proposed move more closely, as it may disrupt the child’s stability and connection with both parents.
These cases are rarely straightforward. Even when a relocation may seem practical or beneficial to the parent, such as for a new job, family support, or improved living conditions, courts will only approve it if they are satisfied that it aligns with the child’s best interests. Judges are also wary of moves that may alienate the child from one parent or make meaningful parenting time impractical.
Given the complexity of relocation cases and the high potential for conflict, it’s crucial for parents to seek legal advice early. At Delaney’s Law Firm, we help parents navigate relocation disputes with a balanced and child-focused approach. Whether you are considering a move or opposing one, our family lawyers will provide you with clear guidance, strong advocacy, and practical solutions tailored to your family’s unique circumstances.
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