When a parent wants to move somewhere that would significantly affect a child’s relationship with the other guardian, the Family Law Act sets out a specific process. The parent planning the move must give written notice at least 60 days before the move, including the date and the new location.
The other guardian can object. If the dispute reaches court, the parent who wants to move generally has to show that the move is proposed in good faith and that reasonable arrangements can be made to preserve the child’s relationship with the other guardian. Where parenting time is shared substantially equally, the court also looks closely at whether the move is in the child’s best interests.
Relocation cases move quickly and are hard to reverse. Whether you are planning a move or have just received a notice, get advice before any deadline passes.
What we help with
- Preparing a proper relocation notice
- Objecting to a proposed move
- Long-distance parenting schedules and travel arrangements
- Court applications to permit or prevent a relocation
- Moves outside British Columbia or outside Canada
How it usually works
- 01
Check whether the rules apply
Not every move is a relocation under the Act. We look at the distance, the current schedule and the child’s routine.
- 02
Give or respond to notice
Notice must be in writing and meet the timelines in the Act. An objection should be made promptly.
- 03
Resolve or apply
Many relocation disputes settle with a revised schedule. Where they do not, the court decides.