Moving Away With Your Child After Separation: Ontario’s Relocation Rules
Quick Answer
Quick answer
- In Ontario, a parent who plans to move with their child after separation must usually give the other parent at least 60 days' written notice before the move, on a form prescribed by law.
- The notice must specify the expected date of the move, the new address and contact information, and a proposal for how decision-making responsibility, parenting time, or contact could work afterward.
- A parent who receives that notice has 30 days to object, either by using the prescribed objection form or by applying to the court.
- If no objection is delivered within 30 days and no court order prohibits the move, the relocation may proceed on the specified date in the notice.
- Which parent must prove that the move is in the child's best interests depends on the existing parenting arrangement. There is no single rule that applies to every family.
Why This Question Is So Hard to Answer on Your Own
Two very different parents search for this answer. One has a reason to move: a new job in another city, a lease ending, family who can help, or a fresh start after a hard year. The other has just received a notice that their co-parent wants to leave, and is trying to understand what that means for their time with their child.
This can be an anxious time for both parents, and both may find contradictory answers. Some sources say you can never move without permission, while others suggest a short move is always fine. However, the fact of the matter is that the answer depends on details specific to each family.
Ontario relocation law is layered: Two statutes, a set of deadlines, prescribed forms, and a rule about proof that changes from one family to the next. This guide walks through that arduous process in plain language, whichever side you are on.
Which Situation Are You In?
You want to move with your child
Thinking about moving with your child? Work out whether the move counts as a relocation, then give proper notice. Check out the sections on what counts as a relocation and on the notice you must give.
You received a notice of relocation
Received a notice of relocation? You have a limited window to respond, shorter than most people expect. The section on what happens after the notice is sent explains your options and your deadline.
You were never married to the other parent
Never married to the other parent? A different statute applies, though the requirements are close to identical, and the section on which law applies sorts this out. You can also read about separation and your legal position in Ontario.
You have no order or agreement yet
No court order or written agreement at all? Your situation has its own rule about proof. This is covered in the section on who has to prove what, and getting advice early matters most because nothing is settled yet.
What Ontario Law Actually Counts as a "Relocation"
Because the test turns on effect rather than distance, the same move can be a relocation for one family and an ordinary change of address for another. A move from Scarborough to Mississauga that changes the child's school and makes a mid-week visit impractical may well be a relocation, but a move a few streets away that changes nothing about the schedule typically is not. Parenting time is the time a child spends in the care of each parent.
Moves to another province almost always qualify. Moves to another country raise separate and more serious issues, including travel consent and international child abduction, that this guide does not cover. If that is your situation, speak with a lawyer, and our guide on travel and consent issues involving a child is a useful starting point.
Divorce Act or Children's Law Reform Act: Which One Applies to You
Which statute applies depends on your relationship with the other parent, not on where you live. Married and divorcing parents fall under the federal Divorce Act. Parents who were never married, and who are not divorcing, fall under Ontario's Children's Law Reform Act.
In practice, the two regimes mirror each other closely. Both require at least 60 days' written notice, give the other parent 30 days to object, and decide relocation on the best interests of the child. What differs is the statute you cite and the form you use.
That difference is not merely technical. Using the wrong statute's form can delay your matter. Therefore, it is worth confirming which one applies before you do anything else. If you are unsure, our overview of family law at Nihang Law can help you orient yourself.
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Which Law Applies to Your Family
The two regimes run in parallel with near-identical requirements — find your situation in the left column, then read across.
| If the Divorce Act applies | If the CLRA applies | |
|---|---|---|
| Your situation | Married, divorcing or divorced | Never married (and not divorcing) |
| Governing statute | Divorce Act (federal), ss. 16.9–16.96 | Children’s Law Reform Act (Ontario), ss. 39.1–39.4 |
| Notice period | At least 60 days’ written notice | At least 60 days’ written notice |
| Objection window | 30 days to object | 30 days to object |
| Prescribed forms | Federal Notice of Relocation and Objection forms | Ontario court forms under the CLRA |
| Best-interests test | s. 16 factors plus s. 16.92 relocation factors | s. 24 factors read with s. 39.4(3) |
60
days’ notice, either statute
30
days to object, either statute
Note: the requirements are near-identical, but the governing statute and the prescribed forms differ — using the wrong statute’s form may delay a matter.
Sources: Divorce Act (laws-lois.justice.gc.ca); Children’s Law Reform Act (ontario.ca/laws).
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The Notice You Have to Give Before You Move
Notice is not a phone call or a text. It must set out four things:
- The expected date of the move;
- The new home's address and contact information;
- A proposal for how decision-making responsibility, parenting time, or contact could be exercised afterward; and
- Any other information the regulations require.
Decision-making responsibility is the authority to make major decisions about a child, such as school, health care and religion.
You can find the federal forms through the Department of Justice Canada and the Ontario forms through Ontario Court Forms. Completing a form is a starting point, not a substitute for advice. Our page on child custody and access in Ontario explains how notice fits into the wider parenting picture.
In limited circumstances, a court may modify or dispense with the notice requirement, including where giving notice could create a significant risk of family violence. If safety is a concern for you or your child, speak with a lawyer. If you are in immediate danger, contact local support or emergency services.
What Happens After the Notice Is Sent
There are two ways to object within the 30 days: by delivering the prescribed objection form to the parent who gave notice, or by applying to the court to prevent the move.
This next point is the one most often missed, and it works in both directions. Where notice was given properly, no objection was delivered within the 30 days, and no court order prohibits the move, the relocation may proceed on the date specified in the notice. Silence is not neutral. Letting the window close can allow a move to go ahead.
Disputes about whether an objection arrived on time are common. A parent who wants to object should act quickly and get advice rather than rely on the deadline. A parent who gave notice should keep clear records of when and how it was delivered.
Who Has to Prove What
The burden of proof is the responsibility to persuade the court, and section 16.93 of the Divorce Act sets out three situations. Which applies depends on the parenting arrangement your family has been following. The Children's Law Reform Act takes a closely comparable approach for unmarried parents.
Where the child spends substantially equal time with each parent, section 16.93(1) places the burden on the parent who wants to relocate. That parent must show the move is in the child's best interests. Where the child spends the vast majority of their time with the parent who wants to relocate, section 16.93(2) reverses this, and the parent opposing the move must show it is not. In any other case, including where there is no order or agreement, section 16.93(3) places the burden on both parents.
Two qualifiers matter. The first two situations apply only where the parents have been substantially complying with the order, award, or agreement that sets the schedule. And under section 16.94, a court has discretion not to apply the first two rules where the existing order is only interim and temporary.
Getting this wrong has real consequences. In Angelillo v. Mughal, 2025 ONCA 769, the Court of Appeal for Ontario set aside a relocation decision and sent it back for a fresh hearing because the trial judge had applied an equal burden to both parents instead of the burden the statute directed. If you are unsure how your child's time is divided between you, our guide on the grounds for decision-making responsibility in Canada may help.
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Who Carries the Burden of Proof
There is no single rule. Under s. 16.93 of the Divorce Act, who must prove the case depends on the parenting arrangement your family has actually been following.
Branch 1 · s. 16.93(1)
The child spends substantially equal time with each parent
Branch 2 · s. 16.93(2)
The child spends the vast majority of time with the parent who wants to relocate
Branch 3 · s. 16.93(3)
Any other case, including where there is no order or agreement
Two qualifiers
Substantial compliance: branches 1 and 2 apply only where the parties have been substantially complying with the order, arbitral award or agreement that sets the schedule.
Interim orders (s. 16.94): a court may decline to apply branches 1 and 2 where the existing order is only interim and temporary.
Source: Divorce Act, s. 16.93–16.94 (laws-lois.justice.gc.ca). The Children’s Law Reform Act takes a closely comparable approach for unmarried parents. This chart is general information, not legal advice.
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What a Court Looks At When Parents Disagree
When parents cannot agree, a court decides based on the best interests of the child, and relocation cases add specific factors on top of the usual ones. Under section 16.92(1) of the Divorce Act, and section 39.4(3) of the Children's Law Reform Act read with section 24, a court weighs the reasons for the move, its likely effect on the child, the time the child spends with each parent, whether proper notice was given, and how reasonable the proposed new parenting arrangement is.
One factor is notable for what a court may not consider: whether the relocating parent would move anyway if the child could not come along. A parent therefore does not have to choose between stating their plans honestly and protecting their case, and the focus stays where the law intends it, on the child.
A Step-by-Step Path Through a Proposed Move
Relocation is deadline-driven, so the earlier you understand the step-by-step process, the more room you have to plan. The path below applies whether you are considering a move or expecting one.
- 1Get advice early. Speak with a family lawyer before you commit to anything, ideally well before your intended move date.
- 2Work out whether your move is a relocation. If it would significantly affect the child's schedule or relationship with the other parent, the relocation rules likely apply.
- 3Prepare a realistic parenting proposal. Set out concretely how the child would keep a meaningful relationship with the other parent after the move.
- 4Serve the prescribed notice at least 60 days before the move. Use the correct form for your statute and keep proof of delivery.
- 5Deal with any objection within its window. If the other parent objects, or if you are the one objecting, act within the 30 days rather than after it.
- 6Prepare your evidence if the matter goes to court. A relocation hearing is evidence-heavy, and our guide on the Form 35.1 parenting affidavit explains one of the documents often involved.
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The Relocation Clock: What Happens and When
Relocation is deadline-driven, and the notice and objection clocks run one after the other — not at the same time.
Get legal advice, work out whether the move is a relocation, and prepare a realistic parenting proposal.
Serve the prescribed notice of relocation — the statutory minimum is at least 60 days before the move.
The other parent’s 30-day window to object runs. They may deliver the prescribed objection form or apply to the court.
If no objection was delivered in time and no order prohibits the move, the relocation may proceed on the notice date.
The expected date of the move, as set out in the notice.
Parallel track
If an objection is delivered or a court application is brought, the matter moves onto the court’s timeline instead of the notice date.
Sources: Department of Justice Canada (justice.gc.ca); Ontario Court Forms (ontariocourtforms.on.ca). Timelines are illustrative; specific deadlines can vary.
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Common Mistakes That Can Undermine a Relocation Case
A few avoidable errors come up again and again in relocation matters. Steering clear of them protects your position, whichever side of the move you are on. If a dispute does reach court, our guide on family court motions in Toronto explains what to expect.
- Moving first and explaining later. A court may order a child returned, and an unauthorised move can affect how a parent's position is viewed.
- Treating a phone call or text as notice. Notice must be formal, written, and on the prescribed form to count.
- Assuming a short move cannot be a relocation. The test is the effect on the child's schedule and relationships, not the distance.
- Assuming the Divorce Act applies when you were never married. Unmarried parents fall under the Children's Law Reform Act instead.
- Missing the 30-day objection window. A parent who wants to oppose a move should act quickly rather than rely on the deadline.
- Offering a plan that ignores the other parent. A proposal that does not preserve the child's relationship with both parents is unlikely to succeed.
Frequently Asked Questions
How much notice do I have to give before I move with my child?
Does moving to another neighbourhood in the same city count as a relocation?
What happens if my ex does not respond to my relocation notice?
My ex wants to move away with our kids — What can I do?
Do these rules apply if we were never married?
Who has to prove whether the move is good for our child?
What happens if a parent just moves without giving notice?
Getting Advice Before You Decide
A relocation decision is often difficult to reverse once made, which is why it rewards early, careful advice. The rules are precise about deadlines, forms and who must prove what, yet no lawyer can promise how a court may weigh the best interests of a particular child. Understanding the process is what lets you make a considered choice rather than a rushed one.
At Nihang Law, Qasim Ali, Principal Lawyer, and our family law team help parents across Toronto, Scarborough and the wider GTA think through a proposed move or respond to one, in plain language and in several languages. If you are facing a relocation, speak with our team before you serve or respond to a notice, rather than after.
Facing a relocation decision?
Nihang Law helps parents across Toronto, Scarborough and the wider GTA think through a proposed move — or respond to one — in plain language and in several languages.
Speak with our team
About the author
Qasim Ali
Principal Lawyer · Nihang Law Professional Corporation · Toronto & Scarborough, Ontario · Law Society of Ontario
Qasim Ali is the Principal Lawyer at Nihang Law Professional Corporation, serving clients across Toronto, Scarborough, and the broader Greater Toronto Area. He provides full-service legal representation across immigration, real estate, family law, criminal law, civil litigation, employment law, wills and estates, and business law.
Nihang Law is particularly recognized for its depth in immigration and real estate law — a combination that serves newcomers and growing families navigating both legal systems simultaneously.
Learn more about Qasim Ali →Sources & References
- Divorce Act, R.S.C. 1985, c. 3 (2nd Supp.), ss. 16.9–16.96 (notice, relocation factors and burden of proof) — https://laws-lois.justice.gc.ca/eng/acts/d-3.4/
- Divorce Act, s. 16.93 (burden of proof — three branches) — https://laws-lois.justice.gc.ca/eng/acts/d-3.4/page-4.html
- Children's Law Reform Act, R.S.O. 1990, c. C.12, ss. 39.1–39.4 (as amended by S.O. 2020, c. 25) — https://www.ontario.ca/laws/statute/90c12
- Department of Justice Canada — Moving after separation or divorce (fact sheet and relocation forms) — https://www.justice.gc.ca/eng/fl-df/fact5-fiches5.html
- Ontario Court Forms — Children's Law Reform Act forms — https://ontariocourtforms.on.ca/en/childrens-law-reform-act-forms/
- Angelillo v. Mughal, 2025 ONCA 769 (Court of Appeal for Ontario — relocation burden of proof) — https://canliiconnects.org/en/summaries/99087
- Barendregt v. Grebliunas, 2022 SCC 22 (Supreme Court of Canada — leading relocation authority) — https://www.canlii.org/en/ca/scc/doc/2022/2022scc22/2022scc22.html
- Law Society of Ontario — https://lso.ca/
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