Relocating with a child in Ontario can raise concerns when another person with parenting time or decision-making responsibility objects.
Where a court must decide whether to authorize a relocation, the focus is the best interest of the child, alongside statutory relocation factors. A Toronto relocation lawyer can provide guidance on how this framework applies to a particular situation.
The Legal Test: Best Interests of the Child
Under the Children’s Law Reform Act, the court must consider the child’s best interests in accordance with section 24, together with specific relocation factors. Section 24 requires primary consideration of the child’s physical, emotional, and psychological safety, security, and well-being.
Best interest of the child considerations include:
- The child’s needs, age, development and need for stability
- Important relationships
- Each parent’s willingness to support the child’s relationship with the other parent
- History of care
- The child’s views and preferences
- Cultural, linguistic, religious, spiritual and Indigenous upbringing and heritage
- Care plans
- The ability and willingness to meet the child’s needs and cooperate
- Family violence
- Relevant proceedings, orders, conditions, or measures
Seven Relocation Factors Courts Consider
Section 39.4(3) of the Children’s Law Reform Act sets out additional relocation factors that Ontario courts consider:
1. The reasons for relocation: The court will consider whether the proposed relocation will benefit the child.
2. The Impact on the child
3. Parenting time and involvement: The amount of time each person with parenting time, or each applicant for a parenting order, spends with the child and their involvement in the child’s life.
4. Compliance with requirements: Whether the relocating person has complied with applicable notice of relocation requirements, legislation, regulations, orders, family arbitration awards and agreements.
5. Geographic restrictions: Whether an order, family arbitration award or agreement specifies where the child is to reside.
6. Proposed parenting arrangement: The reasonableness of the proposed changes to decision-making responsibility, parenting time or contact, considering factors including the new residence and travel expenses.
7. Past and future compliance: Whether relevant persons have complied with applicable obligations and the likelihood of future compliance.
Under Section 39.4(4), the court must not consider whether the person proposing relocation would move without the child, or would not relocate, if the child’s relocation were prohibited.
Contact A Lawyer Today
A child relocation decision in Ontario involves the child’s best interests and statutory factors.
If you need guidance about relocation in Ontario, contact Sudano Law at 647-880-5832 to schedule a consultation with a child relocation lawyer in Toronto.
