If you are a parent or have court-ordered “contact” with a child, you need to provide notice to the other parent (and/or others with court-ordered contact) if your move is likely to affect the child’s relationships with you or others in a significant way.

Parents:

When you have a court order under the Divorce Act for parenting responsibilities for a child (which means that you have an order for parenting time or decision-making authority), you will have to give formal notice of your move if it is likely to affect the child’s relationships with you or others in a significant way. A relocation generally means the parenting time schedule for the child will no longer work because of the move.

Notice of Relocation Form: Click here to download the Canadian government’s Notice of Relocation Form for parents.

Note: You need to give notice if you are planning to move 1) with your child or 2) away from your child.

Others with Court-Ordered Contact:

If you have a Divorce Act order granting you contact with a child under a contact order, you will also have to provide notice of your move if it is likely to affect the child’s relationships with you or others in a significant way.

Notice of Relocation Form: Click here to download the Canadian government’s Notice of Relocation Form for people with a contact order under the Divorce Act.

Exceptions:

There are some situations in which giving notice might not be appropriate or safe; for example, if there is a risk of family violence.  A court can make an order that says that you don’t have to give notice, or the court can make orders to modify your requirements.

For more information about the notice requirements under the Divorce Act, please consult the Canadian government’s fact sheet here: Moving after separation or divorce?

Notice Rules and Requirements:

You must give notice to everyone who has a Divorce Act order giving them:

• parenting responsibilities for your child(ren) (custody, access, parenting time or decision-making) or
• contact with your child(ren) under a contact order (contact orders may be made for someone other than a spouse or former spouse, such as a grandparent).

You must provide notice to them at least 60 days before the date you expect to relocate.

If you are planning to relocate your child(ren), anyone with parenting responsibilities for your child(ren) can object to the move. They can object by either 1) completing an Objection to Relocation form or 2) applying to a court. They have to object within 30 days of receiving your notice.

A person with a contact order cannot object to your child(ren)’s relocation.

If you receive an Objection to Relocation form or a court application opposing the relocation has been filed, you cannot relocate the child(ren) until a court makes an order allowing the move.

If you do not receive an objection to the relocation of your child(ren) within 30 days after giving your notice, you may go ahead with the move on or after the date you indicated in your notice, as long as there is no court order saying the move cannot happen.

If you are relocating without your child(ren), you still have to provide the same notice, but no one can object to your relocation.

You can use the same form for more than one child.

You can complete one form to send to everyone entitled to notice or a separate form for each person.

It is a good idea to attach a copy of your most recent parenting order to your notice. This will help to make sure everyone has the same information about current parenting arrangements. If the most recent parenting order does not reflect your child(ren)’s current schedule, you may also want to attach a description of their current schedule.

It is important that you be able to show that 1) you provided the notice to everyone who is entitled to notice and 2) they actually received it.Remember, a person with parenting responsibilities can object to a child’s relocation up to 30 days after receiving the notice, so it is important to know when they received it. Also, if you go to court, the judge will want to see proof that you followed all of the requirements for providing notice. When a judge is deciding whether to allow a child’s relocation, one of the things they have to consider is whether you met all the notice requirements.As long as you do it in writing, there are many ways that you can give notice:

• Email: If you send the notice by email, you may be able to use the “read receipt” function in your email program. You can also ask the person to send you an email confirming they have received it. If you don’t get an email confirming they have received it, then you may want to give notice by another method.
• Registered mail or courier: A person working at a post office can tell you how to send a document with proof that it has been delivered. Courier services also offer options for tracking deliveries. If you can’t get proof of delivery, then you may want to give notice by another method.
• In person: You can deliver the notice in person and keep a record of the date, time and address, along with the name of the person you gave the notice to. It is a good idea to have someone come with you and be a witness.If you are not comfortable delivering it yourself in person, you could ask someone else to deliver it for you and keep a record of the delivery details, such as the date, time and address, along with how they know the person they gave the notice to.
• You can also use a process server to deliver the notice. A process server is someone you can pay to give documents to another person, and they will provide you with proof that they delivered the documents. If you search online for “process server” and the name of your community, you will find the contact information for local process servers.

The way you choose to give notice may depend on your relationships with the people who need to get it. For example, if you are worried about being able to show a court that you gave notice, you might want to consider using a formal process that is used for serving court documents, such as sending the notice through a process server.

Notice of Relocation – Form Instructions:

Part A – Information about the Person Giving Notice

• You must provide current and accurate information unless a judge orders that you are not required to do so.

Part B – Information about the relocation

• Make sure to select only one box.
• Provide the name(s) of any child(ren) for whom you have parenting responsibilities under a Divorce Act order (custody, access, parenting time or decision-making) and indicate whether you are planning to relocate them. If you need to provide the names of more than four children, you can put their names and whether you are planning to relocate them in the text box.
• Provide as much detail about the new address and contact information as you can at this time.

Part C – Names of the people who are receiving this Notice of Relocation

• You must provide this notice to everyone who has a Divorce Act order for parenting responsibilities for your child(ren) (custody, access, parenting time or decision-making responsibility) or contact under a contact order. You can use the same form for everyone or separate forms for each person. However, you need to include the names of all people who will be receiving notice on each form.

Part D – Proposal to change parenting arrangements and/or contact arrangements

• Provide a proposal for how parenting time, decision-making responsibility and/or contact could be exercised if the relocation takes place. Some of the things you may want to include are:
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• Will the current parenting time schedule need to change after the move?  If so, what is your proposal for a new parenting time schedule?
• If someone has contact under a contact order, will the contact schedule need to change? If so, what is your proposal for a new contact schedule?
• Will the child(ren) need to travel to spend time with you or anyone else who has parenting time or a contact order? If so, how will they travel?  What would the estimated travel costs be? Who will cover the travel costs? Will the child(ren) need to be accompanied? Who will accompany the child(ren) and who will cover those costs? Who will make the travel arrangements?
• Are there other ways parenting time or contact could happen after the move, for example by phone or electronic communication?

Important note: Under the Divorce Act, parents must try to work out issues involving their children, including a child’s possible relocation, by using out-of-court family dispute resolution processes such as negotiation and mediation, unless it would not be appropriate. It is generally better for parents to come up with their own solution, as they know their children best. A judge may make a decision that one or both parents do not like. Even if one parent objects to the relocation, it is important to keep trying to come to an agreement, where appropriate.

Part F – Attachments

• Indicate whether you attached the following to your notice. These attachments are optional.
  • A copy of a court order
  • A description of the child(ren)’s current schedule (on a separate page)
  • Other