Moving after separation can bring a fresh start, but it also comes with legal responsibilities, especially if children are involved. Whether you’re relocating for a new job, a new relationship, or simply for a change of scenery, a move can impact parenting arrangements and trigger family law issues. If you’ve gone through a divorce or separated from a common-law partner, it’s important to understand how the law handles relocation when kids are in the picture.
What Counts as a “Relocation” in Family Law?
Not every move after a separation or divorce causes legal complications. A simple address change within the same city might not disrupt your parenting schedule and is often just considered a “change of residence.” But a move that makes it harder for the other parent to spend time with your child is considered a “relocation” and that’s when legal steps need to be taken.
Even if both parents are cooperating, the law requires that proper notice be given before relocating with a child. And if there’s already a court order in place about parenting time, it may limit or block the move, regardless of how the other parent feels about it.
Changing Your Address (But Staying Close) After Separation
If you’re planning a local move that won’t interfere with your parenting agreement, you still need to let the other parent know in writing. The notice must include the new address, contact information, and the planned moving date. This keeps everyone informed and avoids confusion down the road.
In cases involving family violence or safety concerns, a court may allow the move to happen without notice to the other parent.
Bigger Moves That Affect Parenting Time
When moving after separation involves a long-distance relocation—whether it’s with the child or alone—and it affects parenting time or responsibilities, you’re required to give written notice at least 60 days before the move. This applies to parents who have parenting time or decision-making responsibilities under the Divorce Act.
The notice should include the moving date, the new address, updated contact information, and a proposed plan for how parenting time and responsibilities could work after the move.
Again, the court may waive the notice requirement if sharing the new location could put someone at risk.
What Happens After the Notice of Moving After Separation?
Once notice is provided, the other parent—or anyone else with parenting rights—can either accept the move or formally object to it. If they agree, the relocation can usually move forward without legal trouble.
If they disagree, they have 30 days to file an objection with the court, explaining their reasons and providing suggestions for an updated parenting arrangement. While that objection is being reviewed, the parent who gave notice cannot move the child.
What the Court Considers When You’re Moving
If the relocation is challenged, the court will decide whether the move is in the child’s best interests. The judge will consider:
- Why the parent is moving
- How the move might affect the child
- The relationship between the child and both parents
- Whether proper notice was given
- Whether the move goes against a current court order or agreement
- If the new parenting plan is realistic
- Whether both parents have followed previous court orders or agreements
- The child’s views and preferences, if they are old enough and/or mature enough to provide them
The focus will always be on the child’s emotional, psychological, and physical well-being.
What Do You Have To Prove?
It depends on who spends the most time with the child. If both parents share parenting time equally, the parent who wants to move has to prove that the relocation is in the child’s best interests. If the child lives mainly with the parent who’s moving, it’s up to the other parent to prove that the move is not in the child’s best interests.
What About Common Law Parents Who Move After Separation?
Everything above applies to parents who were married and fall under the Divorce Act. If you were in a common law relationship, things are a bit different. The Divorce Act does not apply, but that doesn’t mean you can move freely.
In Ontario, for example, common-law parents fall under the Children’s Law Reform Act, which also prioritizes the child’s best interests. If your move would interfere with an existing parenting schedule or make it difficult for the other parent to stay involved, you still need to give notice, propose a new parenting plan, and be ready to go to court if the other parent objects.
Common-law or married, it’s always smart to talk to a family lawyer before making any big decisions about relocating with a child.
Talk to a Family Law Lawyer Before You Moving After Separation Or Divorce
Moving after separation can open the door to new opportunities but when children are involved, the legal steps can be complex. Whether you’re planning a local move or heading to a new city, the safest approach is to understand your obligations, communicate openly with the other parent, and follow the proper legal channels.
Working with a family law lawyer can help you figure out where you stand, how to handle objections, and how to move forward without jeopardizing parenting rights or your relationship with your child.
If you’re unsure about your rights or want help dealing with parenting agreements, court objections, or relocation rules, call Scharff Nyland Chambers LLP. Our family law lawyers can help you avoid costly mistakes and give you peace of mind. Schedule a consultation, or give us a call at 1-866-721-5851, whether you’re in Barrie, Collingwood, Wasaga or the GTA.
***The information provided in this blog is for general informational purposes only and should not be construed as legal advice. If you have legal questions, we strongly advise you to contact us.
