Divorce Lawyers & Child Relocation Applications Ontario
Understanding Relocation Applications in Ontario
Relocation applications are some of the most complex and emotionally charged cases in Ontario family law. Under the Divorce Act (for married parents) and the Children’s Law Reform Act (CLRA) (for unmarried parents), relocation is defined as a significant move by one parent that is likely to have a major impact on the child’s relationship with the other parent or key family members. This is not limited to moves across provinces – even a move within Ontario can qualify if it changes parenting time substantially.
Relocation vs. Simple Parenting Schedule Changes
It is important to distinguish between relocation and minor adjustments to parenting schedules. A simple change might involve modifying pick-up times, adding an extra overnight, or adjusting holiday schedules. Relocation, on the other hand, involves a move far enough away that it would require re-evaluating how parenting time, decision-making responsibility, and contact with the other parent will work. For example, moving from Toronto to Ottawa or Windsor may necessitate an entirely new parenting plan due to distance and travel time.
Why a Formal Legal Process is Required
Because relocation directly affects the child’s best interests and potentially limits one parent’s ability to maintain meaningful contact, Ontario law requires a formal process. The parent proposing the move must give at least 60 days’ written notice under the Divorce Act, using the prescribed form, and provide details such as the new address, contact information, and proposed changes to parenting time.
If the other parent objects, they must file a formal objection within 30 days. If no agreement can be reached, the court will hold a hearing where a judge considers factors like:
- The child’s relationship with each parent and extended family.
- The reasons for the move (such as employment, education, or family support).
- The feasibility of maintaining meaningful contact with the other parent.
- Any existing parenting orders or agreements.
Because of these legal requirements, most parents seek guidance from an experienced divorce lawyer in Toronto. A lawyer ensures the notice is properly served, assists with negotiations to avoid trial if possible, and advocates in court if the matter proceeds to a hearing.
Legal Framework for Child Relocation in Ontario
Ontario’s legal approach to relocation applications is grounded in the Divorce Act (for married parents) and the Children’s Law Reform Act (CLRA) (for unmarried or never-married parents). The March 2021 amendments to the Divorce Act introduced a more structured framework for relocation cases, making the process clearer for parents and judges alike.
Key Legislation Governing Relocation
The Divorce Act now specifically defines “relocation” as a move that is likely to have a significant impact on the child’s relationship with the other parent or key caregivers. For parents who were never married, the CLRA governs mobility cases and requires the court to apply the same “best interests of the child” test before authorizing a significant move.
Factors Courts Consider
When a relocation request is contested, Ontario courts focus on what is in the best interests of the child — the guiding principle in all family law matters. Judges will typically evaluate:
- Existing Parenting Relationships: The child’s relationship with each parent, siblings, and extended family.
- Impact on Parenting Time: Whether the relocation would meaningfully reduce the other parent’s ability to spend time with the child.
- Reasons for the Move: Legitimate reasons such as new employment, better schooling, or proximity to family support are weighed.
- Feasibility of New Parenting Arrangements: Whether a realistic plan exists for ongoing contact with the non-moving parent, including travel costs and scheduling.
- Child’s Views and Preferences: Especially for older children, their input may be considered if it is deemed independent and mature.
Notice Requirements and Timelines
Parents proposing relocation must comply with strict notice requirements. Under the Divorce Act, they must provide at least 60 days’ written notice using the government’s prescribed relocation form. This notice must include:
- The proposed date of relocation
- The new address and contact information
- A suggested plan for how parenting time and decision-making will work after the move
The other parent then has 30 days to object in writing. If an objection is filed, the matter may proceed to court for a judge to decide. Failure to follow these notice rules can result in delays, legal costs, or even an order to return the child if the move happens without permission.
How Divorce Lawyers Support Parents in Relocation Cases
Relocation applications require a careful legal strategy, and experienced divorce lawyers play a crucial role in guiding parents through this process. Their expertise ensures that every step — from providing notice to presenting a case in court — is handled properly and in the child’s best interests.
Gathering and Presenting Evidence
A successful relocation application depends on strong, well-organized evidence. Divorce lawyers help parents collect and present:
- Educational Opportunities: Information about the child’s prospective school, academic programs, extracurricular activities, and support services in the new community.
- Community and Family Ties: Details about proximity to extended family, healthcare providers, and social networks that would support the child’s well-being.
- Child’s Unique Needs: Evidence addressing medical, developmental, or emotional needs and how the proposed move would meet them.
- Impact on Parenting Time: Travel plans, cost-sharing proposals, and realistic schedules to maintain the child’s relationship with the other parent.
Preparing Formal Notice and Court Applications
Divorce lawyers also ensure that the mandatory 60-day notice of relocation is properly drafted and served in compliance with the Divorce Act. If the relocation is contested, they prepare detailed court materials such as:
- Affidavits explaining the reasons for the move and the proposed parenting arrangements.
- Financial disclosure to demonstrate the feasibility of travel and ongoing contact.
- Legal arguments citing case law that supports the relocation.
Negotiation and Mediation Support
Whenever possible, lawyers encourage resolution outside of court through negotiation or family mediation. They advocate for parenting arrangements that balance the child’s need for stability with each parent’s ability to maintain a meaningful role.
How Lawyers Help Opposing Parents Respond
Assessing the Impact on Parenting Time
The first step a lawyer takes is to carefully evaluate how the proposed relocation would affect the existing parenting arrangement. This includes:
- Distance and Travel Logistics: Calculating travel time and costs between the current and proposed residences.
- Effect on Parenting Time: Assessing whether the move would reduce weekday or weekend access, limit involvement in school activities, or create challenges for holidays and vacations.
- Child’s Routine and Stability: Considering how a move might disrupt school attendance, friendships, and extracurricular commitments.
Filing a Formal Objection and Presenting Alternatives
Under the Divorce Act, the objecting parent must file a written objection within 30 days of receiving the relocation notice. Divorce lawyers ensure this objection is completed properly and on time. They can also:
- Draft affidavits outlining why the move is not in the child’s best interests.
- Propose alternative parenting schedules, such as increased holiday or summer parenting time, to balance the relocation’s impact if it is approved.
- Request interim orders preventing relocation until the matter is resolved in court.
Timely legal action is critical, as missing the 30-day deadline can make it harder to contest the move.
Advocating for Shared Decision-Making
Even if the court allows relocation, opposing parents have a right to remain involved in key decisions about their child’s upbringing. Lawyers advocate for:
- Joint Decision-Making Responsibility: Ensuring both parents have a say in education, healthcare, and major life decisions.
- Regular Contact: Securing orders for consistent virtual communication, including video calls and messaging.
- Fair Cost-Sharing: Requesting that travel costs for visits be shared equitably between parents.
Practical Tips for Parents Considering Relocation
Parents who prepare thoughtfully — and seek early legal guidance — are in a better position to demonstrate that the move supports the child’s best interests.
Prepare a Comprehensive Parenting Plan
Before filing a relocation notice, take time to create a detailed parenting plan that addresses the practical realities of the move. This should include:
- New Parenting Schedule: Clear proposals for weekday, weekend, and holiday parenting time that accommodate travel distances.
- Travel Arrangements: Details on who will be responsible for transportation, associated costs, and how transitions will work.
- Virtual Contact: A plan for regular phone calls, video chats, or messaging to maintain the child’s relationship with the other parent between visits.
A well-structured plan signals to the court that you have considered the child’s need for ongoing connection with both parents.
Demonstrate Stability, Continuity, and Benefits
Relocation decisions hinge on whether the move is in the child’s best interests. Strengthen your case by providing evidence that the move will improve the child’s quality of life:
- Housing and Community: Secure housing in a safe neighbourhood with access to parks, healthcare, and support networks.
- Education: Show that the new school offers equal or better educational opportunities, extracurricular activities, and supports.
- Employment and Financial Stability: Demonstrate that the relocation improves your ability to provide for the child, such as through stable employment or lower living costs.
Work with Mediators or Collaborative Family Lawyers
Whenever possible, aim to resolve relocation issues without a lengthy court battle. Mediation or collaborative family law can help parents:
- Negotiate a mutually acceptable parenting plan.
- Reduce conflict and protect the child from litigation-related stress.
- Save time and legal costs by avoiding a contested trial.
