Moving With a Child After Separation: Ontario Relocation Notice Checklist

Published September 30, 2026 · Meysami Law Professional Corp. · Ottawa

A move after separation can affect school, transportation, parenting time and a child's relationships. Under the federal Divorce Act, a change of residence and a relocation are not the same. The correct process depends on the expected impact, the existing order or agreement, who is moving and whether the Divorce Act or provincial law applies. Advice should be obtained before committing to a move or changing the child's routine.

Decide whether the move may be a relocation

Justice Canada describes a relocation as a move likely to have a significant impact on the child's relationship with a person who has parenting time, decision-making responsibility or contact. Distance alone does not decide the issue. A shorter move can still be a relocation if the existing parenting schedule will no longer work, while some moves within Ottawa may be ordinary changes of residence.

Give written notice for an ordinary move

Under the Divorce Act, a person with parenting time or decision-making responsibility who plans to change their own residence or the child's residence must notify other people with parenting responsibilities or contact rights. For a move that is not a relocation, the written notice states the expected date, new address and contact information, unless a court changes the requirement.

A relocation usually requires at least 60 days

For a proposed relocation under the Divorce Act, notice must generally be given at least 60 days before the move using the prescribed information. The notice includes the expected date and address, contact information and a proposal for how parenting time, decision-making responsibility or contact could work after the move. Review any order or agreement that sets a geographic restriction or additional notice term.

The objection window is 30 days

A person with parenting time or decision-making responsibility may object to the proposed relocation of the child by providing the prescribed objection information or bringing a court application. The Divorce Act uses a 30-day period after receipt of the relocation notice. If a valid objection or court application is made, the child cannot be relocated unless the court authorizes the move.

Safety can change the notice process

Where notice could create a safety risk, including in circumstances involving family violence, the court can modify or dispense with notice requirements. Justice Canada explains that an application for this change may be made without telling the other party in advance. Do not reveal a confidential address or safety plan without obtaining appropriate legal and safety advice.

Prepare a child-focused proposal

Record the reason for the move, the effect on the child, school and community connections, transportation, travel cost, holidays, virtual contact and a workable parenting schedule. Courts decide relocation questions based on the child's best interests and consider additional statutory factors. The burden of proof can differ with the parenting arrangement. Do not assume that consent, silence or past practice has a legal effect without reviewing the applicable order, agreement and legislation.

This article is general information as of September 30, 2026, not legal, tax or financial advice. Rules and circumstances can change. Contacting the firm does not create a lawyer-client relationship.