What Counts as Relocation in Ontario?
Not every move is legally a relocation. Under Ontario’s Children’s Law Reform Act and the federal Divorce Act, relocation involves a change in residence that is likely to have a significant impact on the child’s relationship with people who have parenting time, decision-making responsibility, or contact.
Neither definition establishes a specific kilometre threshold or makes crossing a municipal or provincial boundary a determining factor.
Relocation in Ontario family law matters may be covered by either the Children’s Law Reform Act or by the federal Divorce Act. The applicable framework depends on the family’s legal circumstances.
Do I Have to Give Notice Before Relocating With My Child?
Generally, yes, where the applicable relocation provisions apply. Under the Children’s Law Reform Act, a person with decision-making responsibility or parenting time who intends to relocate must provide at least 60 days’ notice.
The Divorce Act generally also requires at least 60 days’ notice. A court may modify or dispense with notice requirements in appropriate circumstances, like where there is a risk of family violence.
Can the Other Parent Object to the Relocation?
Yes, where the applicable legislation gives that person the right to object. Under both Acts, a person with parenting time or decision-making responsibility generally has 30 days after receiving the relocation notice to object through the statutory process.
An objection doesn’t prevent relocation permanently. The court may determine whether the relocation should proceed.
What Happens if Nobody Objects?
Under the applicable statutory framework, relocation may proceed on the proposed date where notice was given if there were no objections and there isn’t an order prohibiting the relocation. Relocation may also proceed once authorized by a court. It is always best to review your specific circumstances before moving with a child in Ontario.
What Happens if Parents Disagree?
If court authorization is required, the focus is the best interest of the child, which includes factors like:
- Relocation reasons
- Impact on the child
- Existing parenting time
- Compliance with legal obligations
- Geographic restrictions
- The proposed parenting arrangement after relocation.
These rules are particularly important in parenting time relocation disputes in Ontario.
Who Has the Burden of Proof?
The burden of proof depends on the parenting arrangement. Where parties comply with an arrangement providing substantially equal time, the person proposing relocation generally bears the burden of showing it is in the child’s best interests.
Where the child spends the vast majority of time with the relocating person, the person opposing relocation generally bears the burden of showing that relocation wouldn’t be in the child’s best interests.
Does My Child Get to Decide Whether We Relocate?
No. Although the child’s preferences may be considered as part of the best-interest analysis, with consideration given to the child’s age and maturity, they don’t determine the outcome.
Should I Speak With a Lawyer Before Relocating?
Yes, a Toronto relocation lawyer can review the applicable legislation, existing orders or agreements, parenting arrangements, and the proposed move. A lawyer may also explain which legal process applies to your circumstances.
Speak to Sudano Law about Relocation in Toronto
Relocation after separation or divorce in Ontario can involve specific legal requirements. The correct process depends on the family’s circumstances and the applicable legal framework.
If you are considering relocating with a child or responding to a proposed relocation and need advice about how the applicable rules may affect your circumstances, contact Sudano Law at 647-880-5832 to schedule a consultation with a Toronto relocation lawyer.
Disclaimer: This article provides general information only and is not legal advice.
