Relocation – Part I

The rules to relocate changed in March, 2021.

Statute and Stage of Case:

When approaching relocation, one should consider which legislation (or set of laws) apply. The Divorce Act or the Children's Law Act may apply. This depends on whether the parties were married.

Parties should also consider the stage of the matter:

1. Is the move requested interim/temporary. This relief is not often awarded by the courts as it would likely dispose of the issue;
2. Does the relocation relate to an initial application?
3. Or, is this a variation proceeding?

Giving Notice:

According to Section 16.9 of the Divorce Act, when a spouse wishes to relocate with the child(ren) or without, they must give written notice at least 60 days before the relocation. The notice of proposed relocation is the initial step for relocation to occur.

Individuals must give this notice in the prescribed form to all individuals that have a contact order (ex: grandparents), parenting time, or decision-making responsibility for the child.

The notice must have specified information, including:

• The date the relocation will occur;
• Contact information and the address of the new place of residence; and,
• A proposal to individuals that have a contact order, parenting time, or decision-making responsibility for the child about how the parenting arrangements would change.

If there is evidence of family violence by the non-relocating parent, notice may not need to be given. Instead, the relocating party could ask the court for an order permitting the relocation without putting the other party on notice.

A party gives notice to:

• Produce a formal process to relocate;
• Encourage settlement or mediation proceedings on relocation;
• Allow relocation where there is no objection; and,
• Ensure the child’s development and wellbeing is not negatively affected.

After Notice of Relocation:

Section 16.91 (1) of the Divorce Act outlines that after notice has been given:

• The non-relocating party has 30 days to object to the notice; and,
• If the courts receive no objections or there is no court order restricting the relocation process, then the relocation can happen at the specified date.

Only individuals that have decision making responsibility or parenting time can object to relocation. When they object, the relocating parent is not able to move unless the court allows the move.

An objection to relocation set out that:

• the person objects to the relocation;
• reasons for that objection;
• the individual’s views on the proposal(s) made in the Notice; and,
• any other information required by the regulations.

Please see the blog - "Relocation - Part II" for further information on relocation, or contact our Toronto family lawyers.