Disclaimer: This article aims to provide educational information on moving after a divorce. It is not intended to serve as legal advice. Consult with a lawyer and exercise your discretion before taking action based on the information provided in the blog.
One of the hardest challenges your family might face is relocation. When one parent decides to move, it can become a complex and often emotionally charged issue that can significantly impact your family.
The reality is that when it comes to relocating, there is often no “middle ground” – you are either relocating or you’re not. So how can you find common ground? What does the law require of you? In this article, we’ll explore the various considerations and challenges that divorced families face when relocation is on the horizon and what the courts consider when handling such cases.
Moving after your divorce: Is it a relocation or a change of residence?
When you are moving with your children, the law makes a distinction between a change of residence and a relocation. The difference comes down to whether it will significantly impact the child’s relationship with someone who has parenting time or decision-making responsibility.
For example, a change of residence may involve moving from one area of Guelph to another. A relocation may involve moving your child from Guelph to Barrie.
What does the law require if you plan to move with your child?
Both the Divorce Act and the Children’s Law Reform Act have recently added sections relating to relocation.
What to consider if you are changing residences
If you are changing residences, you are required to provide notice to the other parent in writing and provide the date that the change comes into effect and the address of the new location.
What to consider if you are relocating
If you are relocating, you must provide written notice to the other parent at least 60 days before the relocation comes into effect. The notice must include:
- the expected date of the relocation;
- the address of the new residence; and
- a proposal on how decision-making responsibility, parenting time or contact, as the case may be, could be exercised.
The other party must respond within 30 days of receiving this notice. If they do not agree to a relocation, then either party may bring forward an application to the courts.
What to consider if you are relocating due to family violence
If you are relocating due to family violence, the court may determine that the requirements do not apply, or the court may modify them.
What will the courts consider during relocation cases?
The priority is always the best interests of the child. The court will also take into account a number of other factors, as outlined in section 39.4(3) of the Children’s Law Reform Act or in section 16.92(1) of the Divorce Act, including:
- The reasons for the relocation
- The impact of the relocation on the child
- The amount of time spent with the child by each parent
- Whether there is an order or agreement that specifies where the child will reside
- The reasonableness of the relocating party’s proposal on how to exercise decision-making responsibility and parenting time or contact.
The burden of proof differs depending on the circumstances. If the child spends equal time with both parties, then the relocating party must prove that the move is in the best interests of the child. If the child spends most of their time with the party that is relocating, then the other party must prove that the move is not in the child’s best interests.
Navigating Changing Circumstances with Plat Simionati LLP
Being part of a separated family means that your decisions are more complicated. For example, relocating to pursue your dream job or be closer to your family while keeping your child’s best interests at the forefront requires careful consideration and making sure you’re in line with legal protocols.
Having a legal team that you trust is crucial. At Plat Simionati LLP, we’re dedicated to helping you navigate changing circumstances (such as moving after a divorce) with empathy, precision, and a steadfast commitment to your family’s future.