Moving with a Child in Ontario: Your Comprehensive Legal Guide to the 2021 Relocation Laws
For many separated or divorced parents in Ontario, the desire to move is driven by a search for a better life—a new job opportunity, the support of extended family, or a fresh start in a more affordable community. However, in the eyes of the law, moving with a child is one of the most litigated and sensitive areas of family law.
On March 1, 2021, the landscape of “mobility rights” changed forever. Major updates to the federal Divorce Act and Ontario’s Children’s Law Reform Act (CLRA) replaced outdated concepts with a strict, streamlined process. If you are a parent considering a move—or if you have been served with a notice that your child may be moving away—understanding these technicalities is not optional; it is a legal necessity.
- Defining the Move: Relocation vs. Change of Residence
The first step in any mobility case is determining exactly what kind of move is taking place. The 2021 legislation introduced clear definitions to distinguish between a minor move and a significant relocation.
What is a “Change in Residence”?
A change in residence is a move that is unlikely to have a significant impact on the child’s relationship with other people who have parenting time or decision-making responsibility. For example, moving two blocks away or to a neighboring subdivision within the same school district usually falls into this category. While you still have a duty to inform the other parent, the legal hurdles are lower.
What is a “Relocation”?
Under Section 2 of the Divorce Act, a relocation is a change in the place of residence of the child or a person with parenting responsibilities that is likely to have a significant impact on the child’s relationship with a person who has parenting time, decision-making responsibility, or a contact order.
If the move makes the current parenting schedule impossible to maintain (such as a move from Mississauga to Ottawa or across international borders), it is legally classified as a relocation. This triggers a specific set of mandatory procedural steps.
- The Mandatory 60-Day Notice of Relocation
One of the most critical updates in the 2021 law is the Notice Requirement. Gone are the days when a parent could simply pack up and inform the other party after the fact.
If you intend to relocate, you must provide written notice at least 60 days before the expected date of the move. This notice must be given to any other person who has parenting time, decision-making responsibility, or contact with the child under a court order.
What the Notice Must Contain
To be legally valid and compliant with the Divorce Act and CLRA, the notice must include:
- The proposed date of the relocation.
- The address of the new place of residence and contact information of the person/child.
- A formal proposal as to how parenting time, decision-making responsibility, or contact could be exercised in light of the distance.
Expert Tip: The proposal for a new parenting plan is often the most important part of the notice. It should address travel costs, holiday schedules, and how the child will maintain a bond with the non-moving parent through “virtual parenting” or extended summer blocks.
- The 30-Day Objection Period: What Happens if You Disagree?
If you receive a Notice of Relocation and you do not believe the move is in the child’s best interests, you have a strictly enforced 30-day window to object.
How to Properly Object
You cannot simply “say no” in a text message. An objection must be formal. You must:
- Provide a written Notice of Objection to the parent planning the move; or
- File an application with the court to prevent the move.
The objection must state why you are opposed to the move and provide your own views on the moving parent’s proposed parenting plan.
What happens if you miss the 30-day deadline? If no objection is filed and there is no court order stating otherwise, the parent planning the move is legally permitted to relocate on the date specified in their notice. This “ticking clock” makes it imperative for parents to seek legal counsel the moment they receive a notice.
- The “Best Interests of the Child”: The Modern Legal Test
When a move is contested, the court is not looking at what is “fair” to the parents. The sole legal standard is the Best Interests of the Child. While this has always been the standard, the 2021 updates provided a specific checklist of factors that judges must consider in relocation cases.
Key Factors Under Section 16(3) of the Divorce Act:
- The Child’s Needs and Stability: How will the move affect the child’s emotional well-being and their sense of “home”?
- The Nature of the Child’s Relationships: Does the child have a deeply bonded relationship with the parent staying behind? What about grandparents or siblings?
- The History of Care: Who has historically performed the “heavy lifting” of parenting?
- The Child’s Views and Preferences: Depending on the child’s age and maturity, their voice may be heard through a Voice of the Child Report or through legal representation for the child.
- The Ability of Each Parent to Care for the Child: Can the moving parent provide a stable environment in the new location?
- Family Violence: The court must consider any history of violence and how the move (or the prevention of the move) affects the safety of the child and the parent.
Specific Relocation Factors (The 2021 Additions):
In addition to the general best interests test, the court now specifically looks at:
- The reasons for the relocation: (e.g., Is it for a legitimate career move or to frustrate the other parent’s access?)
- The impact of the move on the child.
- The amount of time spent with each parent.
- Whether the 60-day notice was provided.
- Existing court orders or agreements that might restrict the child’s living area.
- The reasonableness of the proposed parenting plan.
- Understanding the Burden of Proof: Who Carries the Weight?
One of the most technical aspects of the 2021 law is the rebuttable presumption. The court assigns the “burden of proof” based on the existing parenting arrangement at the time of the dispute.
| Parenting Scenario | Who Must Prove Their Case? |
| Substantially Equal Time (Shared Parenting) | The parent planning to move must prove that the relocation is in the child’s best interests. |
| Vast Majority of Time (Primary Care) | The parent opposing the move must prove that the relocation is NOT in the child’s best interests. |
| All Other Cases | Both parents have the burden of showing what is in the child’s best interests. |
This shift is significant. If you are a primary caregiver who has the child 90% of the time, the law effectively “presumes” your move is valid unless the other parent can provide compelling evidence to the contrary. Conversely, in a 50/50 shared parenting split, the parent wanting to move faces a much steeper uphill battle.
The 2025 Precedent: In the recent case of Angelillo v. Mughal, 2025 ONCA 769, the Ontario Court of Appeal overturned a lower court decision because the judge failed to correctly apply the burden of proof mentioned above. The trial judge had treated the case as a “tie” where both parents had to prove their case, ignoring the fact that the father was the primary caregiver and thus should have enjoyed a legal presumption in his favor. This confirms that Ontario courts in 2026 are being extremely strict about following the 2021 legislative framework.
- The “Double Bind” Question: A Forbidden Inquiry
Before 2021, judges often asked parents: “If the court denies the child’s move, will you still move without them?” This was known as the “double bind.” It forced parents to choose between their own career/wellbeing and their child, often making them look like “bad parents” if they said they would still move. Under the new law, courts are prohibited from asking this question. The focus must remain entirely on whether the child’s relocation itself is beneficial, regardless of whether the parent might stay or go.
- Family Violence and Urgent Relocations
The 2021 legislation recognizes that some moves are necessitated by safety concerns. If there is a risk of family violence, the court has the discretion to waive the 60-day notice requirement entirely.
If a parent is fleeing an abusive situation, they can apply for an ex parte (emergency) order to relocate without providing their new address to the other party. In these cases, the safety of the child and the survivor parent becomes the paramount concern, overriding the usual procedural steps of the Divorce Act.
- The Logistics of the New Parenting Plan
When a move is approved, the court must address the practicalities. Relocation often means that “every other weekend” is no longer possible. A modern, court-approved parenting plan for a relocated child often includes:
- Block Time: The child may spend the entire summer, March Break, and half of the winter holidays with the non-moving parent.
- Virtual Parenting Time: Scheduled video calls (FaceTime/WhatsApp) to maintain a daily connection.
- Travel Costs: The court will decide who pays for flights or gas. Often, if the moving parent is relocating for a high-paying job, they may be ordered to cover a larger share of the travel expenses.
- International Relocation and the Hague Convention
If the proposed move is outside of Canada, the legal complexity increases exponentially. Ontario courts are extremely cautious about international relocation, especially to countries that are not signatories to the Hague Convention on the Civil Aspects of International Child Abduction.
An international move requires a deep dive into the legal system of the destination country. Will the Ontario parenting order be recognized there? What happens if the parent refuses to return the child for summer visits? These cases require expert legal strategy and often involve expert witnesses on international law.
Why You Need an Ontario Family Lawyer for Relocation
Relocation cases are famously “binary”—there is rarely a middle ground. Either the child moves, or they stay. Because the 2021 rules are so procedurally strict, a single missed deadline or a poorly drafted notice can derail your entire life plan.
Our firm understands the nuances of the Divorce Act and the CLRA. We help parents build “Best Interests” cases that stand up to the scrutiny of Ontario judges. Whether you are seeking a better life for your child in a new city or fighting to keep your child close to home, we provide the authoritative, evidence-based representation you need.
DISCLAIMER:
The information provided in this blog is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is established through this writing. You should consult with a qualified attorney for advice tailored to your specific situation. The lawyer and their firm disclaim any liability arising from reliance on this blog or any other content on this website.