Under Ontario’s Children’s Law Reform Act, a relocation is a change in residence of a child, or of a person with decision-making responsibility or parenting time, that is likely to have a significant impact on the child’s relationship with another person who has decision-making responsibility, parenting time, or contact under a contact order.
If a move meets this definition, specific notice requirements apply.
A Toronto relocation lawyer can help a parent understand the requirements for a notice of relocation in Ontario.
The 60-Day Notice Requirement
Under section 39.3 of the Children’s Law Reform Act (the Act), a person with decision-making responsibility or parenting time who intends a relocation must generally provide notice at least 60 days before the expected relocation date. Notice must be given to each person who has (with respect to the child):
- Decision-making responsibility.
- Parenting time.
- Contact under a contact order.
What the Notice of Relocation Must Include
Ontario Regulation 155/21: Change in Residence or Relocation prescribes the Notice of Relocation – Person with a Parenting Order for proposed relocations. The form is available here.
The notice must include:
- The expected date of relocation.
- The address of the new residence and contact information.
- A proposal for how decision-making responsibility, parenting time, or contact could be exercised after relocation.
How a Notice of Relocation Can Be Served
Ontario Regulation 155/21 permits service by:
- Leaving a copy with the person.
- Mailing a copy.
- Sending it by same-day or next-day courier.
- Faxing (subject to the regulation’s requirements).
- Emailing (subject to the regulation’s requirements).
- Leaving it with the person’s lawyer of record in an ongoing case affecting decision-making responsibility, parenting time, or contact, or with a lawyer who accepts service in writing.
What Happens After the Notice Is Served
A person with decision-making responsibility or parenting time who receives an Ontario relocation notice may object within 30 days of receiving it.
A person who has given notice and intends to relocate a child may proceed on the date in the notice if the court authorizes the relocation, or no objection has been made, and there is no order prohibiting the relocation.
Exceptions to the Notice Requirements
Section 39.3(3) allows a person to apply to the court for an order providing the notice requirement doesn’t apply or applies with specified changes where the court considers this appropriate. The application may be made without notice to the other party.
FAQs
Is every change of address considered a relocation in Ontario?
No. A relocation is a change in residence likely to have a significant impact on the child’s relationship with another person identified in the statutory definition.
Is there an official Ontario form for a Notice of Relocation?
Yes. Ontario Regulation 155/21 prescribes the Notice of Relocation Form, available here.
What happens if the other person objects to the relocation?
If an eligible person objects within 30 days, the relocation can’t automatically proceed. The matter may need to be addressed through the court process.
Consult with Sudano Law Today
Serving a Notice of Relocation involves strict requirements. Parents considering a relocation must understand these requirements before taking the next procedural step.
If you need guidance on parenting order relocation requirements in Ontario, contact Sudano Law at 647-880-5832 to schedule a consultation with a Toronto family lawyer.
Disclaimer: This article provides general information only and is not legal advice.
