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Mobility in Family Law: What Happens When One Parent Wants to Move?

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

After a separation or divorce, it’s not unusual for one parent to consider moving to a different city, province, or even country. They may be seeking better job opportunities, family support, or a fresh start. But when that parent wants to move with a child, it raises serious legal questions. This situation is known in family law as a mobility issue.

Mobility disputes can be some of the most emotionally and legally complex matters in family law. A proposed move may significantly affect the other parent’s time with the child, and could fundamentally alter the child’s life. For that reason, the law requires careful consideration of the impact such a move would have, especially on the child.

What is a Mobility Case?

A mobility case occurs when a parent wants to relocate with a child in a way that would make it harder for the other parent to continue their parenting time. This might mean moving to another city hours away, another province, or even leaving Canada.

If the parents have a court order or written agreement about parenting, the parent who wants to move must usually provide at least 60 days’ notice to the other parent. That notice must include:

• The planned move date

• The new address and contact information

• A proposal for new parenting arrangements after the move

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The other parent can either agree to the move or object. If they object, the matter may have to be decided in court.

How Do Courts Decide?

The most important legal test in any mobility case is the best interests of the child. This is the core principle guiding all parenting decisions in Canadian family law.

When deciding whether to allow a move, the court will consider:

• The child’s relationship with each parent

• The reason for the proposed move

• Whether the move will improve the child’s quality of life

• The existing parenting arrangement

• Whether the moving parent is willing to encourage the child’s relationship with the other parent

• The impact of the move on the child’s emotional and psychological well-being

  
  

A parent who wants to move must show that the relocation is in the child’s best interests, not just their own. Courts will also consider whether a long-distance parenting schedule is realistic and whether the non-moving parent will still have meaningful time with the child.

What Happens Without an Agreement?

If there is no current court order or written agreement, either parent can technically move with the child, but the other parent may seek a court order to stop the move. In urgent cases, the court can make a non-removal order, preventing the child from leaving the jurisdiction until a final decision is made.

Seeking Legal Support

Mobility cases are highly fact-specific and can have lasting impacts on both the child and the parents. If you're considering a move or are concerned the other parent may relocate your child without consent, legal advice is essential.

At Majoka Law, we understand the emotional and legal challenges involved in relocation cases. We are here to protect your rights and guide you through every step of the process.