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Can a Parent Move Out of the Province with a Child?

This is general information and should not be interpreted as legal advice. Contact a family law lawyer to understand your rights and obligations.

Parental relocation is one of the most sensitive and legally complex issues in Ontario family law. When a parent wishes to move out of the province with a child, the situation can raise serious concerns about parenting time, decision-making authority, and the child’s overall stability. Ontario courts approach these cases carefully, with the child’s best interests as the guiding principle.

What Counts as a Relocation Under Ontario Law

Not every move requires court involvement, but a move out of the province will almost always be considered a relocation. Under the Divorce Act and Ontario family law principles, a relocation is a move that is likely to have a significant impact on the child’s relationship with the other parent or anyone else who has parenting time or decision-making responsibility. An out-of-province move often affects schooling, routines, and the ability of the child to maintain consistent contact with the non-moving parent.

Notice Requirements Before Moving

A parent who plans to relocate with a child is generally required to provide advance written notice to the other parent. This notice must include important details such as the proposed moving date, the new location, and a suggested plan for parenting time and communication after the move. Providing proper notice is critical. A failure to do so can negatively affect a parent’s credibility and position if the matter is later reviewed by a court.

When Consent or a Court Order Is Needed

If both parents agree to the relocation, the move can usually proceed without court involvement, provided the agreement is clearly documented. However, if the other parent does not consent, the parent wishing to move must obtain a court order before relocating with the child. Moving without consent or judicial approval can lead to serious consequences, including court orders requiring the child’s return to Ontario.

How Courts Decide Relocation Disputes

Courts decide relocation cases based on the best interests of the child. Judges consider factors such as the child’s emotional and developmental needs, the strength of the child’s relationship with each parent, and how the move would affect the child’s stability. Courts also examine whether realistic arrangements can be made to preserve the child’s relationship with the non-moving parent through parenting schedules, travel arrangements, and communication.

In some cases, the burden of proof may vary depending on how parenting time is currently shared. Where one parent has the majority of parenting time, the law may presume the move is in the child’s best interests unless proven otherwise. In shared parenting arrangements, the parent seeking to relocate typically must demonstrate that the move benefits the child.

Seeking Legal Support

Relocation matters are highly fact-specific and can have lasting consequences for parents and children alike. If you are considering moving out of the province with your child, or if the other parent is proposing such a move, early legal advice is essential.

Majoka Law supports parents dealing with Ontario family law relocation issues by offering clear guidance, strategic advocacy, and a child-focused approach. Contact Majoka Law today for a free consultation to better understand your rights, obligations, and next steps.