Introduction: What Is a Notice of Relocation

Under the Divorce Act, a parent with parenting time or decision-making responsibility who plans to undertake a relocation must provide formal notice to specific individuals connected to the child. 

The notice must be given on the prescribed federal Notice of Relocation Form at least 60 days before the planned move. These regulations apply to married or divorcing parents, who are subject to the Divorce Act. Unmarried parents should seek independent legal advice. 

It’s important to understand the Notice of Relocation Regulations and to seek guidance from a Toronto family lawyer, whether you’re the one relocating or the parent who received a Notice of Relocation in Ontario.

What Qualifies as a Relocation?

The Divorce Act defines a “relocation” as a move that may have a significant impact on the child’s relationship with a person who has parenting time, decision-making responsibility, or contact under a contact order. Even a short-distance move can qualify as a relocation, depending on the parenting arrangement.

It differs from a “change of residence”, which the Divorce Act defines as a move that doesn’t meet the definition of a relocation. A notice of the date of the move, new address, and contact information must still be provided.

The Required Information in a Notice of Relocation

The federally prescribed Notice of Relocation form is the core of the Divorce Act relocation notice process. Section 16.9(1) requires that a Notice be served at least 60 days before the move. Section 16.9(2) sets out which information must be included in the notice:

• The date of relocation.
• The new address and contact information for the person or child. 
• A proposal explaining how parenting time, decision-making responsibility, or contact under a contact order could be exercised after the move. This information is an important part of parenting time relocation in Toronto.
• The form provides space for optional attachments, like a copy of a court order or the child(ren)’s current schedule.

A Toronto relocation lawyer can assist with the preparation of the form. 

Who Must Receive the Notice?

According to relocation family law in Toronto, the Notice must be provided to anyone who has a court order providing them with:

• Parenting responsibilities for the child(ren), including parenting time or decision-making. 
• Contact with the child(ren) under a contact order. This can include grandparents, spouse, and former spouses.

What Happens After the Notice Is Given

A person who must receive a Notice under the Divorce Act can object to the proposed relocation by submitting an Objection to Relocation Form or applying to a court within 30 days of receiving the Notice of Relocation. A person with a contact order can’t object to the relocation but can request that the order details be changed. 

Should you receive an objection, the child(ren) can’t be relocated unless authorized under the Act or by court order. 

If no objection is received within 30 days, the move can continue on or after the date indicated in the Notice.

Speak with Sudano Law

A Notice of Relocation is a federally prescribed form under the  Divorce Act, and if improperly completed or served, it can have serious procedural consequences. 

If you’re planning to relocate or have received a Notice of Relocation, contact Sudano Law at 647-880-5832 or visit our website to schedule a consultation with a Toronto family lawyer. 

Disclaimer: This article provides general information only and is not legal advice.