When parents separate, one of them might eventually decide they want to move. Maybe it’s to be closer to family. Maybe it’s for a new job. Or maybe it’s just about starting fresh. But what if the other parent doesn’t agree?
That’s when things can get tricky.
If you or your child’s other parent are thinking about relocating, and there’s no agreement, it’s important to understand how the law in Ontario handles these situations. Toronto relocation lawyers deal with this often. Here’s what you should know.
What Is a “Relocation” Exactly?
Not every move is considered a legal relocation. But if the move would affect how much time the child spends with the other parent, or change how parenting responsibilities are shared, then it probably counts.
This applies whether you’re moving to a different city or just far enough across Toronto to make visits harder.
If you’re already under a parenting plan or court order, the parent who wants to move with the child must give written notice. That notice has to be sent at least 60 days before the move. It should include where you’re going, when, and how you think parenting time can still work.
The other parent then has 30 days to object, and they need to explain why.
If There’s No Agreement, Then What?
If both parents agree, things are a lot simpler. The parenting plan can be updated and submitted to the court if needed.
But when there’s no agreement, the court may have to step in. That’s where the legal process begins.
One of the first things a judge will look at is what’s in the child’s best interests. That’s the central focus, not just what’s best for the parents.
What Does the Court Think About?
Every situation is different. But in general, the court looks at things like:
- Why the move is happening
- How the move would affect the child’s relationship with both parents
- What the child needs, and sometimes what the child wants
- Whether the parents have been working together well
- Any history of conflict or concerns about safety
It’s not about which parent has more resources or who wants the move more. It’s about stability, continuity, and the child’s connection to both parents.
Do You Always Have to Go to Court?
Sometimes, even after an objection is made, parents can still work something out. Maybe that means changing the schedule or figuring out longer visits during holidays. Virtual calls or messaging might help too.
If both sides are willing to be flexible, it’s possible to avoid a long court process. But when the disagreement runs deep, court might be the only option.
Why It Helps to Talk to a Lawyer
Relocation cases often move fast. There are deadlines to meet and documents to prepare. The emotional side of it doesn’t make it any easier. That’s why having a lawyer to guide you through each step is a smart move.
They can help you understand your rights, build your case, and figure out what the court is likely to care about most.
Speak With a Toronto Relocation Lawyer
If a move is coming up and you and your co-parent don’t agree, it’s a good idea to get legal advice as soon as possible. Delaying can make things harder down the line.
Sudano Law helps parents in Toronto navigate relocation issues and parenting disputes. If you’re facing a possible move or responding to one, contact Sudano Law for a private consultation. We’ll walk you through your options and help protect your role in your child’s life.
