Separation often means making some pretty significant changes to your life. For some parents, that may include moving to a new city, province, or even another country. There are many reasons someone may want to relocate after separation, whether it is for a new job, to be closer to family, to reduce living expenses, or simply to have a fresh start.

But what happens when children are involved? Can one parent decide to move with the children, or does the other parent's agreement or the court's permission need to be obtained?

Relocation can be a complicated issue in Alberta family law, particularly when parents do not agree on the proposed move. While a parent is generally free to decide where they want to live, moving with children is a different matter. A move that significantly affects the children's relationship with the other parent can raise important legal issues. Before making any plans, it is worth understanding what the law requires and what options are available.

What Is Considered a Relocation?

Not every change of address amounts to a legal relocation.

Under the Divorce Act, a relocation is a change in the residence of a child, or a person who has parenting time or decision-making responsibility, that is likely to have a significant impact on the child's relationship with another person who has parenting time, decision-making responsibility, or contact under a Contact Order.

For example, a parent moving from one neighborhood in Calgary to another may not qualify as a relocation if the existing parenting schedule can continue without much disruption. On the other hand, a move from Calgary to Vancouver, or even to another Alberta community, may be considered a relocation if the distance makes the current parenting arrangement difficult to maintain.

It really comes down to how the move will affect the child's relationship with the other parent and whether the existing parenting arrangements can realistically continue.

Do I Need the Other Parent's Permission to Relocate?

This is one of the questions parents often have when considering a move after separation.

The answer depends on the circumstances, including whether there is an existing parenting order or agreement and which legislation applies. A parent may be free to change their own residence, but that does not necessarily mean they can move with the children without following certain legal requirements.

For parents whose parenting arrangements fall under the federal Divorce Act, there are specific notice requirements that generally apply when a proposed move qualifies as a relocation. Written notice must be provided to the other persons entitled to receive it, including those who have parenting time, decision-making responsibility, or contact under a contact order.

Where Alberta's Family Law Act applies, the situation may be different. Existing parenting orders and agreements will be important, and parents should understand their legal obligations before making arrangements to move with their children.

It is also worth noting that not having a formal court order or separation agreement does not necessarily mean there are no legal considerations. If both parents are involved in the children's lives, a move that significantly affects the other parent's relationship with the children can still lead to a dispute.

What Is the 60-Day Notice Requirement?

Under section 16.9 of the federal Divorce Act, a parent who intends to relocate must generally provide at least 60 days written notice before the anticipated move.

The notice must include the expected date of the move, the address of the proposed new residence and contact information, as well as a proposal outlining how parenting time, decision-making responsibilities, or contact could continue after the relocation.

The purpose of this requirement is to give the other parent an opportunity to consider the proposed move and raise any concerns before it happens. If the other parent disagrees with the relocation, they generally have 30 days after receiving the notice to provide a formal objection or make an application to court. If a proper objection is made, the child cannot be relocated unless the court authorizes the move.

It is important to remember that the federal 60-day notice requirement does not automatically apply to every parenting dispute in Alberta. Whether the Divorce Act or Alberta's Family Law Act applies will make a difference. Parents should also review any existing separation agreement or court order, as there may be specific terms dealing with relocation that need to be followed.

How Do Courts Decide Whether a Parent Can Relocate With a Child?

If parents cannot agree on a proposed move, the court may be asked to decide whether the children should relocate with one parent.

The starting point for the court is always the best interests of the child. This means the court is not simply deciding whether the move would be better for one parent. It needs to consider how the move would affect the child and their relationships, routines, and overall well-being.

Under section 16 of the Divorce Act, the court will look at the child's circumstances, including their age, stage of development, and need for stability. The child's existing relationships will also be important. For example, the court may consider how involved each parent has been in the child's everyday life, the child's relationship with their siblings and extended family, and what role each parent plays in providing care and support.

The child's own views may also be considered, depending on their age and maturity. A younger child's wishes may be given different weight than those of an older teenager, but the court will consider the circumstances as a whole rather than relying on the child's preference alone.

There are also additional factors the court must consider in relocation matters under section 16.92 of the Divorce Act. One of these is the reason for the proposed move. For example, a parent may be relocating for a better employment opportunity, to be closer to family who can provide support, or because of a change in their financial circumstances. These reasons are relevant, but the court will also consider what the move means for the child.

The existing parenting arrangement is another important consideration. A move may have a very different impact depending on how much time the child currently spends with each parent. For example, if parents share parenting time equally, relocating several hours away could significantly change the child's relationship with the parent who remains behind. On the other hand, where one parent has historically had most of the day to day parenting responsibilities, the circumstances may be different.

The court will also want to know what the parenting arrangement would look like if the move is allowed. The court may consider travel distances, transportation costs, school schedules, and whether the proposed arrangement would allow the child to maintain a meaningful relationship with both parents. The court may also consider whether the parent proposing the move has followed the required notice process and complied with any existing court orders or separation agreements.

There is no automatic rule that allows a parent to relocate simply because they have historically provided primary care. Likewise, the fact that the other parent objects does not automatically mean the move will be refused. Each case will depend on its own circumstances and what is in the child's best interests.

What Happens If the Other Parent Objects to the Move?

If the other parent does not agree with the proposed relocation, it does not necessarily mean the matter has to go straight to court. Parents may first be able to resolve the disagreement through negotiation, mediation, or other dispute resolution processes.

Sometimes, the issue can be resolved by making changes to the existing parenting schedule. For example, the parents may agree that the child will spend longer periods with the other parent during school holidays, alternate certain holidays, or have regular video calls throughout the week. Travel and transportation arrangements may also need to be addressed.

If the parents cannot reach an agreement, either parent may need to bring an application before the court. The court will consider the evidence and decide whether allowing the relocation is in the child's best interests. Depending on the circumstances, the court may authorize the move or decide that the child should remain in their existing community.

One thing parents should be careful about is moving with the children before the relocation issue has been properly addressed. Moving without the required notice, agreement, or court authorization can create additional legal complications and may affect future parenting proceedings.

Before you decide to move:

Whether you are considering relocating with your children or have been told that the other parent intends to move, it is important to understand your legal rights and obligations before taking any steps.

There is no one size fits all answer when it comes to relocation. The outcome will depend on the family's circumstances, the existing parenting arrangements, and what is ultimately in the children's best interests.

If you are considering a move or are concerned about a proposed relocation, speaking with a family lawyer early on can help you understand your options and avoid potential complications down the road.