What changes were made to the Divorce Act in regards to moving?

The new Divorce Act applies to moves after March 1, 2021. 

It includes a framework to guide divorced or divorcing parents, family justice professionals and courts in situations when a parent plans

• to move their child or
• to move away from their child

There are rules about:

• the new steps to follow when a parent plans to move
• how a court will decide whether a child can or cannot relocate.

These rules are meant to help parents come to agreements about relocation and avoid going to court where possible.

What is the paramount consideration when making a relocation order?

The paramount consideration when making a relocation order in Ontario is the “best interests of the child”, focusing on their physical, emotional, and psychological safety, security, and well-being.

How does a change in residence vary from a relocation?

A “change in residence” refers to a move that is not significant enough to impact the child’s relationship with the other parent substantially, assessed case-by-case. In contrast, a “relocation” is a move that is likely to have a significant impact on the child’s relationship with the other parent or party, requiring specific notice requirements and considerations. You do not need permission for a relocation.

What do statutes require of the parent with decision-making responsibility or parenting time in terms of notice? 

Statutes require a parent with decision-making responsibility or parenting time to provide advance written notice to any other person who has decision-making responsibility, parenting time, or contact rights with the child before making a change in residence or initiating a relocation.

For a change in residence, which is considered not significant enough to drastically impact the child’s relationship with the other parent, the notice must include:

• The date the change in residence is expected to occur.
• The new address and any new contact information.
• There is no specific timeline mandated for how far in advance this notice needs to be provided.
• They must provide advance written notice to every other person who holds decision-making responsibility, parenting time, or contact rights with the child.

What do the statutes require in terms of information regarding a relocation? 

For a relocation, statutes require that the parent or party with decision-making responsibility or parenting time intending to relocate must provide detailed written notice to all other parties with decision-making responsibility, parenting time, or contact rights with the child. 

The information required in the notice includes:

• The notice must be provided at least sixty (60) days before the relocation.
• It must include the expected date of relocation, the new address, and any new contact information.
• Additionally, it must present a full proposal for the new parenting plan, considering the relocation’s impact.

Under the Divorce Act and the children’s Law Reform Act, there are prescribed forms that parties can use to provide notice. 

What forms are available for a relocation?

You do NOT need to use these forms as long as all of the necessary information is provided.

If you are or were married and have a court order under the Divorce Act, use Notice of Relocation Form.

If you have a court order under the Children’s Law Reform Act, use Notice of Relocation Form – Person With a Parenting Order

Who has the burden of proof?

In relocation cases involving children, the burden of proof depends on the child’s current care arrangement. If the child spends substantially equal time with each parent, the parent wishing to relocate with the child is responsible for demonstrating that the move serves the “child’s best interests”. If the child primarily lives with the parent planning to move, it’s up to the non-relocating parent to prove that the relocation is not in the child’s best interests. In situations that do not fit these descriptions, both parents share the responsibility of proving to the court how the relocation would or would not benefit the child, based on the child’s best interests.

When are you not required to give notice?

But, if your court order is dated before March 1, 2021 and says you do not need to give notice, you do NOT need to give notice that you are moving. If it is before March 1, 2021 but does not address moves then you need to give notice.