Sometimes, but not on your own say-so. In Ontario, a parent planning a move that is likely to significantly affect the child's relationship with the other parent must give at least 60 days' written notice. The other parent can object within 30 days, and if they do, the move needs a court order based on the child's best interests.
How moving with a child works in Ontario, step by step
Moves are among the hardest parenting disputes, because there is often no middle ground: the child either moves or stays. Since March 1, 2021, the Children's Law Reform Act and the federal Divorce Act have set out a detailed process for "relocation". For an overview of parenting matters, see our custody and access (parenting) page.
The first question is whether the move is a "relocation" at all. The Act defines relocation as 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 or parenting time (or has applied for a parenting order), or with a person who has contact under a contact order (s. 18(1)). A move across Toronto may not be a relocation; a move to another city or country usually will be.
- Give notice of an ordinary change in residence. Even a move that is not a relocation requires written notice to the others with decision-making responsibility, parenting time or contact, with the expected date and the new address and contact information (s. 39.1).
- For a relocation, give 60 days' notice. At least 60 days before the expected date, notify every other person with decision-making responsibility, parenting time or contact (s. 39.3(1)). The notice must be in the prescribed form or, if none is prescribed, in writing with the expected date, the new address and contact information, and a proposal for how decision-making, parenting time or contact could be exercised (s. 39.3(2)).
- The other parent may object within 30 days. A person with decision-making responsibility or parenting time can object by written notice setting out the objection, the reasons and their views on the proposal, or by applying to court under section 21 (s. 39.3(5) and (6)).
- If there is no objection and no order prohibiting it, the parent may relocate the child as of the date in the notice (s. 39.4(2)(b)).
- If there is an objection, the move needs to be authorized by a court (s. 39.4(2)(a)).
- The court decides on best interests plus relocation factors (s. 39.4(3)).
Married parents who are divorcing follow parallel rules in the Divorce Act (ss. 16.8 to 16.93), including the same 60-day notice for a relocation.
What the court weighs, and who must prove what
When deciding whether to authorize a relocation, the court applies the best interests factors in section 24 (see how courts decide a child's best interests) and also considers, under section 39.4(3), the reasons for the relocation; its impact on the child; each person's time with the child and involvement in the child's life; whether notice requirements and existing orders or agreements were complied with; any order or agreement specifying where the child is to live; the reasonableness of the proposal for revised parenting arrangements, considering the new location and travel costs; and each person's compliance with their obligations and the likelihood of future compliance.
| Current arrangement (substantially followed) | Who carries the burden of proof | Section |
|---|---|---|
| Substantially equal time in the care of each party | The parent who wants to relocate must prove the move is in the child's best interests | 39.4(5) |
| The vast majority of time with the parent who wants to relocate | The parent opposing must prove the move is not in the child's best interests | 39.4(6) |
| Any other arrangement | Both parties must prove whether the move is in the child's best interests | 39.4(7) |
| The arrangement is only an interim order | The court may decide the burden rules above do not apply | 39.4(8) |
One question the court must not ask: whether the parent who wants to move would go without the child if the move were refused (s. 39.4(4)). That keeps the focus on the child rather than on testing the parent's resolve.
What changes the answer
- The reasons for the move (s. 39.4(3)(a)). A new job, family support, a partner's work or lower housing costs are weighed against the impact on the child.
- The current schedule. The burden of proof shifts depending on whether time is substantially equal or mostly with the moving parent; see decision-making and parenting time.
- The quality of the proposal (s. 39.4(3)(f)). A detailed, affordable plan for the other parent's time, including holidays, virtual contact and who pays for travel, carries weight. The court may split relocation-related travel costs (s. 39.4(9)).
- Compliance history (s. 39.4(3)(d) and (g)). Moving without proper notice, or a history of breaching orders, counts against a party.
- Family violence. On application, possibly without notice to the other party, the court can waive or change the notice requirements, including where there is a risk of family violence (s. 39.3(3) and (4)).
- The child's views. An older child's views can matter a great deal; see whether a child gets a say.
- Support. A move often changes the schedule, and with it child support and travel expenses; see child support with shared parenting.
A worked example
For example, imagine Toronto parents whose separation agreement gives one parent most of the parenting time with their eight-year-old, and the other parent every second weekend and one weeknight. The parent with most of the time is offered a job in Ottawa and wants to move in the summer.
Because the move would significantly affect the child's relationship with the other parent, it is a relocation. The moving parent sends written notice at least 60 days before the move, proposing that the other parent have the child for most of the summer, alternate long weekends and March break, and video calls twice a week, with travel costs shared. The other parent objects within 30 days and applies to court. If the parties have substantially followed an arrangement giving the moving parent the vast majority of time, the objecting parent would carry the burden of showing the move is not in the child's best interests (s. 39.4(6)). The court would weigh the reasons for the move, its impact on the child, the plan and the child's views. This example is hypothetical.
Common mistakes with relocation
- Moving first and asking later. Relocating without notice or over an objection can seriously damage a parent's case, because compliance with notice rules and orders is a factor the court must consider (s. 39.4(3)(d)).
- Short or informal notice. The notice must be at least 60 days ahead, in writing, with the required details and a proposal.
- Missing the 30-day objection window. A parent who does not object in time, where no order prohibits the move, may find the child can be moved as of the notice date.
- A vague proposal. Courts consider whether the proposal for revised parenting time is reasonable, including travel costs.
- Treating a cross-city move as automatically fine. Even ordinary moves require written notice (s. 39.1), and a long commute can still be a relocation if it significantly affects the relationship.
- Ignoring existing orders. Many orders already restrict changing the child's residence or school without consent (s. 28(1)(c)(iii)); see when a parenting order is not followed.
What to do this week
- Check your order or agreement for any clause about where the child must live or about moves.
- Decide whether your move is likely to significantly affect the child's relationship with the other parent.
- If it is, plan to give written notice at least 60 days ahead, with the date, address and a detailed parenting proposal.
- Gather evidence of the reasons: job offer, housing, school options, family support.
- If you receive a notice, mark the 30-day objection deadline and write down your concerns and counter-proposal.
- Book a free consultation with us before sending or answering a relocation notice.
Frequently asked questions
Does moving within Toronto count as relocation?
Only if it is likely to have a significant impact on the child's relationship with the other parent or a person with contact. Most short moves are a "change in residence" that still needs written notice under section 39.1, but not the 60-day relocation process.
Can I move during the 60-day notice period?
The Act allows relocation as of the date in the notice if no objection is made and no order prohibits it, or if a court authorizes it (s. 39.4(2)).
What if I am fleeing family violence?
The court can, on application and even without notice to the other party, decide that the notice rules do not apply or apply with changes, including where there is a risk of family violence (s. 39.3(3) and (4)). Get advice and help immediately.
Can I take my child abroad permanently?
A move abroad is almost always a relocation, and orders can prohibit removing a child from Ontario without consent or a court order (s. 28(1)(c)(iv)). For trips rather than moves, see travelling with your child.
Who pays for travel after a move?
If the court authorizes the relocation, it may apportion the costs of the non-moving parent's parenting time between the parents (s. 39.4(9)).
Where would the case be heard in Toronto?
Relocation disputes under the Children's Law Reform Act can be heard in the Ontario Court of Justice in Toronto; see the Ontario Court of Justice family courts in Toronto. Our Toronto family court guide explains which court handles which case.
Do grandparents get notice of a move?
A person who has contact with the child under a contact order, which can include a grandparent, must be notified of a relocation along with parents who have decision-making responsibility or parenting time (s. 39.3(1)). The right to object in section 39.3(5), however, belongs to people with decision-making responsibility or parenting time. Our page on grandparents and contact explains contact orders.