Relocation

When parties decide to terminate their relationship and begin to live separately, it may be the case that one of the parties wishes to relocate. A party may also wish to relocate at any other point in time. The concept of relocation is also referred to as mobility. If the couple had children, complexities arise as to whether the a parent wishing to relocate may relocate the children too.

In the past, mobility and relocation was governed by Gordon v. Goertz, a Supreme Court of Canada decision. This is no longer the case.

Effective March 1, 2021, there have been changes to the Divorce Act for married spouses and Ontario's Children's Law Reform Act for unmarried spouses that relating to relocation. These Acts outline the procedure and factors that are to be considered in making a decision on relocation and must be followed carefully in the case of relocation.

For example, the legislation requires that a party who intends to relocate provide a notice of the proposed relocation in writing at least 60 days before the proposed move. The notice needs to be given to anyone who has parenting time, decision making, or contact. The legislation also requires that if there is an objection, the objecting party must give written notice of their objection, or bring a court application, within 30 days of receiving the notice.

To learn more about relocating with your children as well as the services provided by Krol & Krol, call 905.707.3370 today.