Can you relocate with your child while divorced?


The new changes to the Divorce Act attempt to explain specific factors that should and should not be considered by the court on a mobility (relocation) application.  The main components of the new framework are as follows:

1.It requires a parent wishing to relocate with the children to provide 60 days’ notice in writing to the other parent of their desire/intention to relocate.  The other parent then has 30 days to object to such relocation.

The Court reviewing the issue of relocation will have to consider the following:

1.Reasons for the relocation;

2.Impact of the relocation;

3.Amount of time spent with the child by each person who has parenting time;

4.Whether notice was provided;

5.Orders or agreements specifying geographic area;

6.Reasonableness of the proposal; and

7.Compliance with family law obligations.

Category: FAQ