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5 Things You Need to Know Before Moving With Your Child After Separation in Ontario Family Law

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

Moving after a separation can be complicated, especially when children are involved. In Ontario, family law places a strong emphasis on the best interests of the child, and relocating with a child is not a simple decision one parent can make alone. Before making any plans, it is important to understand the legal considerations that may affect you and your child.

1. Relocation Is Not Just a Personal Decision

If you share decision-making responsibility or parenting time with the other parent, moving with your child may legally qualify as a “relocation.” Even if the move seems reasonable or beneficial, you generally cannot relocate without either the other parent’s consent or a court order. The law recognizes that a move can significantly affect the child’s relationship with the other parent.

2. Notice Requirements Are Strict

Ontario family law requires a parent who intends to relocate with a child to provide formal written notice to the other parent, usually at least 60 days in advance. This notice must include important details such as the proposed new address, the date of the move, and a plan for how parenting time will be exercised after relocation. Failing to provide proper notice can negatively affect your case if the matter ends up in court.

3. The Best Interests of the Child Are the Priority

Courts do not decide relocation cases based on what is most convenient for the parents. Instead, the focus is on the child’s best interests. Factors such as the child’s emotional well-being, stability, existing routines, schooling, and relationships with both parents are carefully considered. The court will assess whether the move would enhance or disrupt the child’s overall quality of life.

4. Parenting History Matters

Your history of involvement in your child’s life can play a major role in relocation decisions. Courts look at which parent has been primarily responsible for day-to-day care, how parenting responsibilities have been shared, and how well each parent has supported the child’s relationship with the other parent. A strong, consistent parenting record can be critical in relocation disputes.

5. Disagreements Can Lead to Court Proceedings

If the other parent objects to the move, the issue may need to be resolved through negotiation, mediation, or litigation. Relocation cases can be legally and emotionally complex, often requiring detailed evidence and legal arguments. Acting without proper legal guidance can result in delays, added costs, or outcomes that are not in your favor.

Seeking Legal Support

Relocating with a child after separation is one of the more complex areas of Ontario family law. The consequences of making a misstep can be serious and long-lasting for both you and your child. Getting legal advice early can help you understand your options, meet your legal obligations, and protect your child’s best interests.

If you are considering a move or facing a relocation dispute, Majoka Law can help. Our team provides knowledgeable and compassionate guidance in Ontario family law matters. Contact Majoka Law today to discuss your situation and get the support you need.