There are certain rules you have to follow if:
- you and your spouse have separated,
- you have children together, and
- one of you wants to move to a new place, with or without your children.
The rules you have to follow depend on:
- whether you have an agreement or an order,
- whether it was made under BC family law or federal divorce law,
- what kind of parenting arrangements you have, and
- whether the move would significantly affect the other person's relationship with the children.
A move that would significantly affect the children's relationship with the other person is called a relocation. This usually means moving a long distance: to another country, another province, or another city within BC. A relocation usually makes it difficult or impossible to follow existing parenting arrangements.
A move in the same neighbourhood or in the same city that doesn't significantly affect the children's relationship with the other person probably isn't a relocation.
Before you act on your plan to move
Whether you're planning a short-distance move or a long-distance relocation, and whether you have an order or agreement or not, it's a good idea to talk about your plans with any other people who have guardianship, parenting time, decision-making responsibility, or contact with the children.
Talking to these people might be hard for you, but doing this first can make things easier later. You might be able to work out new arrangements for parenting time or contact without having to go to court. And staying out of court will save you time, money, and stress.
You can ask a lawyer if they think a court would let you move. You can also use a mediator to help you and the other person sort out new parenting arrangements or a new contact schedule.
If you have an order or agreement
Give written notice of your plan to move
If your move is a relocation
You have to give written notice about your plan to move if it will significantly affect your children's relationship with other people.
- If you have guardianship under the Family Law Act, you have to give notice about your plan to move to other guardians and people who have contact with the children.
- If you have decision-making responsibility or parenting time under the Divorce Act, you have to give notice about your plan to move to other people who have decision-making responsibility, parenting time, or contact with the children.
You must give written notice at least 60 days before your moving date. Your notice has to include:
- the date you're moving, and
- your new address.
If your parenting order was made under the Divorce Act, your written notice must also include:
- your new phone number and email address, and
- a proposal about how parenting time, decision-making responsibility, or contact could work if the move happens.
You have to do this whether you plan to:
- move with the children, or
- move without the children, or
- move only the children (that is, the children will move to a different city without you or the other parent or any other guardians).
If your move is not a relocation
If you have decision-making responsibility or parenting time under the Divorce Act, you have to give written notice about your plan to move to other people who have decision-making responsibility, parenting time, or contact.
In your notice, you must let the other person(s) know:
- the date you're moving,
- your new address, and
- your new phone number, an email address, or both.
Keep trying to work out an agreement
If the other person doesn't want you to move, the law says you must try hard to work something out. Out-of-court family dispute resolution processes such as negotiation and mediation can help you sort out new parenting arrangements or a new contact schedule.
If you can't work something out, the other person can object within 30 days by filing an application with the court.
Who can object to your move
- Under the BC Family Law Act, only a guardian can object to a relocation.
- Under the Divorce Act, only a person with parenting time or decision-making responsibility can object to a relocation.
- A person who has contact can't object to your relocation. But they can apply anytime for an order to change their contact time.
If no one objects to the move
If no one objects within 30 days, and there aren't any court orders stopping you from relocating, you can move as planned.
If someone objects to the move
If someone objects to your move, the court has to decide whether to allow the move. The court looks at a child's best interests when deciding whether a child can relocate. The court considers many factors, including:
- why you want to move,
- whether the move is likely to make life better for the children,
- whether your proposal for changing the parenting arrangements is reasonable, and
- whether you gave proper notice about the move.
Who has to prove their case to the court
The person who has to prove to the court that a move is or isn't in the children's best interests depends on the current parenting arrangements.
- If the child spends about the same amount of time with each of you, the person who wants to move has to prove that the move is in the best interests of the children.
- If the child spends most of their time with the person who wants to move, the person who objects to the move must prove that the move isn't in the best interests of the children.
- If parenting time isn't shared almost equally and the child doesn't spend most of their time with one of you, both of you have to prove that what you want is in the best interests of the children.
The court can't consider whether you would still move even if the children aren't allowed to move with you.
If you move without giving notice
If you move without giving notice, the other person can say you wrongfully denied them parenting time (you didn't follow the court order or agreement that says when they can see the children). They can apply to enforce, change, or set aside (cancel) the parenting order or filed written agreement and ask for a new order.
To find out more about what a judge can do if this happens, see What happens if you don't follow a parenting or support agreement or order?
If you don't have an order or agreement
If you don't have a parenting order or agreement and you want to move, and the other person doesn't want you to move, try to work something out. Out-of-court family dispute resolution processes such as negotiation and mediation can help you sort out parenting arrangements or a contact schedule.
If you can't agree about the move, one of you can apply for a court order about relocation.
The court can't consider whether you would still move even if the children aren't allowed to move with you.
You could also be charged with a crime if there's evidence that you abducted (kidnapped) the child. To find out more about international child abduction, see the Child abduction and custody issues page on the Government of Canada website.
Taking a child outside BC with or without an agreement or order
If the other person thinks you're about to take a child out of BC and not come back, they can apply for a court order to stop you. If they show the court enough proof, the court can order you to:
- pay security (like paying bail for someone),
- hand in your passport and the children's passports,
- transfer specified property to a trustee named by the court, or
- pay any child support to a trustee.
The court can also order you not to take a child out of a certain area.
A mother learns how and why she can move with her son to another city in our short illustrated story, Can I move my family?
Some people will make comments that are unhelpful or make you feel judged. Ignore what doesn't help you move forward.