Relocating with a child is one of the most legally sensitive and emotionally complex issues in family law. Whether you are divorced, currently married, separated, or were never married, Ontario law requires strict notice procedures before a parent may relocate with a child.
Both the Divorce Act (federal) and Ontario’s Children’s Law Reform Act (CLRA) contain detailed relocation rules, including:
- Who must give notice
- What must be included in the notice
- How much advance time is required
- What to do if a parent objects
- When a court may waive the notice requirement
This guide provides a clear, and comprehensive overview of relocation notice obligations under both Acts, so parents understand their rights, responsibilities, and next legal steps.
1. Which Law Applies — Divorce Act or CLRA?
Divorce Act (Federal)
Applies if:
- You are married, and separation/divorce proceedings are underway,
- You are already divorced, or
- You have a parenting order made under the Divorce Act.
Children’s Law Reform Act (Ontario)
Applies if:
- You were never married (common-law),
- You are separated but not divorced, or
- Your parenting order was made under the CLRA, not the Divorce Act.
2. What Counts as a "Relocation"?
A "relocation" is any move that is expected to significantly impact the child's relationship with a parent or another important person.
This may include:
- Moving to a different city
- Moving to another province
- Moving internationally
- Even shorter moves, if they disrupt the current parenting schedule
The key question is whether the move materially changes the child's time with either parent or affects the existing parenting arrangement.
3. Relocation Notice Requirements Under the Divorce Act
Under the Divorce Act, a parent with parenting time or decision-making responsibility must give written notice at least 60 days before the proposed relocation.
What the Notice Must Include
The notice must be provided using the prescribed federal "Notice of Relocation" form and must include:
- The proposed date of the relocation
- The new address and updated contact information
- A detailed proposal for how parenting time, decision-making responsibility, and contact will occur after the move
- Information about how the relocation may affect the child
Objection Process (30-Day Rule)
After receiving the notice, the other parent (or any person with parenting rights) has 30 days to file a prescribed "Objection to Relocation" form or to bring a court application.
If no objection is filed within 30 days — and no court order prohibits the move — the relocating parent may proceed on or after the date stated in the notice.
4. Relocation Notice Requirements Under the CLRA (Ontario)
Parents with parenting time or decision-making authority under the CLRA must also give at least 60 days' written notice before relocating.
What the CLRA Notice Must Include
Ontario has its own prescribed CLRA relocation forms under Ontario Regulation 155/21. These require:
- The planned relocation date
- The new residential address and contact details
- A post-relocation parenting plan
- Any other information required by the specific form used
Objection Process
The non-moving parent may:
- Notify with objection the prescribed objection form, and/or
- Start a motion or application in court asking a judge to prevent the move
Although the CLRA process is similar to the Divorce Act, the forms and procedures are different, and parents must use the correct set of forms.
5. When Courts May Waive or Modify the 60-Day Notice Requirement
A court may waive, shorten, or modify the 60-day notice requirement in limited circumstances, such as:
- When giving notice would create a risk of family violence
- When there is an urgent need to relocate
- When the other parent cannot reasonably be located
- When the child's safety requires immediate action
6. What Courts Consider in Relocation Disputes
If a relocation is challenged, the court must determine whether the move is in the child's best interests. Relevant considerations include:
- The child's relationship with each parent
- The child's views (where appropriate)
- The history of care and stability
- The impact of the move on the child's emotional, educational, and social well-being
- The relocating parent's plan to maintain the other parent's relationship with the child
- Whether the relocating parent gave proper notice and acted in good faith
- The feasibility of preserving the child's relationships after the move
7. Practical Guidance for Parents Planning to Relocate
If You Intend to Move with Your Child
- Use the correct prescribed form (federal or Ontario).
- Provide the full 60 days' notice whenever possible.
- Prepare a realistic and detailed parenting plan that demonstrates how the child's relationship with the other parent will be preserved.
- Collect documents supporting the move, such as:
- Employment offers
- Housing confirmations
- School information
- Support networks in the new location
- Be ready to propose flexible parenting arrangements (virtual contact, extended visits, travel sharing).
If You Receive a Relocation Notice
- Act quickly — you have 30 days (under the Divorce Act) to object.
- Use the prescribed objection form.
- Document your concerns about the impact of the move on the child.
- Consider mediation or negotiation before escalating to court.
- Prepare evidence on how the move may harm the child's stability, schooling, or family relationships.
8. Key Differences Between the Divorce Act and CLRA
| Issue | Divorce Act | Children’s Law Reform Act |
|---|---|---|
| Applies to | Married/divorced parents or DA parenting orders | Unmarried/common-law parents or CLRA parenting orders |
| Notice Period | 60 days | 60 days |
| Required Form | Federal Notice of Relocation form | Ontario CLRA Notice of Relocation form |
| Objection Deadline | 30 days using the federal Objection form | Objection filed via CLRA forms + court motion/application |
| Court | Superior Court (family branch) | Ontario Court of Justice or Superior Court |
9. Relocation Notice Checklist (Useful for Parents)
Before giving or responding to relocation notice, gather the following:
💡 Tip: Save this checklist to your device and track your progress as you prepare your relocation documents.
Conclusion
Relocating with a child in Ontario requires careful planning, strict compliance with legislation, and a clear understanding of your legal obligations under the Divorce Act or Children’s Law Reform Act.
Failure to give proper notice — or giving notice using the wrong form — can negatively affect your case and your credibility. Whether you are planning a move or responding to a relocation notice, obtaining legal advice as early as possible will help protect your rights and your child’s best interests.
If you would like help drafting a relocation notice, responding to an objection, or preparing for a relocation hearing, our firm is here to guide you through the process.
⚠️ DISCLAIMER:
The information provided in this guide 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 guide or any other content on this website.
Frequently Asked Questions (FAQs)
If the move affects parenting time or decision-making responsibility, you must first provide notice and obtain either consent or a court order.
Courts can waive or shorten notice when giving notice would create a safety risk due to family violence. Legal advice should be sought immediately.
The court will schedule a hearing and decide whether the move is in the child's best interests. Evidence and a detailed parenting plan are essential.
Yes. Under the CLRA, unmarried or common-law parents must also give 60 days' written notice before relocating with a child.
A "temporary" move can still be considered a relocation if it significantly affects the child's relationship with the other parent. You should obtain legal advice before proceeding.
Under the Divorce Act, if the other parent does not object within 30 days, and no court order prevents relocation, you may proceed on or after the relocation date.
Yes. The wording of your notice or objection, and the evidence you provide, can strongly influence how a judge views your case.