Relocation cases are among the most difficult disputes in family law. When one parent wants to move with a child to another city, province, or country, the question is not simply whether the move is good for that parent. The legal question is whether the move is in the best interests of the child.
In Canada, relocation disputes are governed primarily by the Divorce Act and, in Ontario, the Children’s Law Reform Act (CLRA). Although both statutes now contain detailed relocation provisions, the Supreme Court of Canada’s decision in Gordon v. Goertz, [1996] 2 SCR 27 remains the foundation of relocation law and continues to shape how courts analyze mobility disputes.
Not every move counts as a relocation.
A relocation is generally a move by a parent that is likely to have a significant impact on the child’s relationship with another parent or another person who has court-ordered parenting time or contact.
For example:
- moving a short distance within the same city may not be a relocation;
- moving from one city to other or from one province to other, often will be;
- moving to another country will almost always be treated as a relocation.
The Leading Case: Gordon v. Goertz
Before Parliament amended the Divorce Act to include specific relocation provisions, the leading authority was Gordon v. Goertz, a 1996 decision of the Supreme Court of Canada. It remains one of the most important cases in this area.
The Court made several key points, that continue to guide relocation cases:
- The case is not about what is fair to one parent or the other. The focus is on the best interest of the child. It is about the child.
- There is no legal presumption in the favour of custodial parent to allow the move.
- The highly influential factors are:
- the existing parenting arrangement;
- the child’s relationship with each parent;
- the desirability of maximizing the child’s contact with both parents;
- the child’s views and preferences, where appropriate;
- the reason for the move, but only where that reason affects the parent’s ability to care for the child;
- the disruption to the child from changing custody or parenting arrangements; and
- the disruption from moving away from family, school, and community.
The Divorce Act, which applies to married spouse and the CLRA, which applies in Ontario parenting disputes outside the Divorce Act framework, including many cases involving unmarried parents, operate in a very similar way on relocation. In practice, both statutes approach relocation in a similar way.
The key requirements include the following:
- A parent proposing a relocation must usually give at least 60 days’ written notice before the move. That notice generally includes, the proposed date of relocation; the new place of residence; contact information; and a proposal for how parenting time, decision-making, or contact will work after the move.
- The non-moving parent may object to the proposed relocation. If there is an objection, the issue may have to be resolved by the court unless the parents reach an agreement.
- if the parents have substantially equal parenting time, the parent seeking the relocation must prove the move is in the child’s best interests;
- if the child spends the vast majority of time with the parent seeking to move, the parent opposing the move must prove the relocation is not in the child’s best interests;
- in other situations, both parties have the burden.
Some people assume that once the Divorce Act and CLRA added detailed relocation provisions, Gordon v. Goertz became obsolete. The Supreme Court’s decision in Gordon v. Goertz remains the cornerstone of relocation analysis.
If you are a parent planning to relocate with a child or is facing a situation where the primary parent intends to move with the child, timely legal advice can make a significant difference. Relocation matters often involve strict notice requirements and urgent court involvement in some cases. Loyens Law, serving Mississauga, Brampton, and across Ontario, can help assess the circumstances, explain the legal options, and guide clients through each step of the process.
Frequently Asked Questions: Child Relocation After Divorce in Ontario
Can the primary parent move with a child without the other parent’s consent?
No. A parent proposing a relocation that will significantly impact the other parent’s parenting time must provide at least 60 days’ written notice and obtain either the other parent’s agreement or a court order. Moving without following this process can result in a court order requiring the child’s return.
What is the 60-day notice requirement for relocation in Ontario?
Under both the Divorce Act and the Children’s Law Reform Act, a parent planning to relocate must give the other parent a minimum of 60 days’ written notice. The notice must include the proposed move date, new address, and a plan for maintaining parenting time or contact after the move.
Does the court always allow the primary parent to relocate with a child?
No. There is no automatic right or presumption in favour of the relocating parent, even when that parent is the primary caregiver. The court’s sole focus is the best interests of the child, applying the framework set out in Gordon v. Goertz and the applicable statute.
Should I speak with a child custody lawyer in Mississauga if I receive a relocation notice?
Yes. If you receive a relocation notice, acting promptly is important. A child custody lawyer in Mississauga can review the notice, advise on whether it meets statutory requirements, and help you respond before any deadlines pass.
Where can I find a divorce lawyer near me for a relocation or custody dispute?
Loyens Law has offices serving Mississauga, Brampton, Etobicoke, Burlington, Oakville and Hamilton. The firm handles relocation disputes and parenting matters for men and fathers throughout Ontario.
