Can you relocate with your child while divorced?

Category: FAQ

 

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.