Relocation After Divorce: Can You Move with Your Child in Ontario?

Life after divorce brings big changes. A new home, a new routine, and sometimes, a new city. But if you want to move with your child, things get complicated fast. Can you just pack up and go? Or does your ex have a say?

The short answer: It depends.

Relocation is one of the trickiest issues in family law. You have the right to move forward, but your child has the right to maintain a strong bond with both parents. Courts in Ontario take this seriously, and making the wrong move—literally—can have major consequences.

This guide breaks down what you need to know, from legal requirements to practical steps, so you can make informed decisions.

Key Takeaways

• Relocation laws prioritize the child’s best interests. Your ability to move depends on your custody arrangement and how the move affects your child.
• You can’t relocate without notice. Even if you have sole custody, you must inform the other parent.
• Courts consider multiple factors. The reason for the move, the child’s well-being, and the relationship with the other parent all play a role.
• Moving without consent can lead to legal consequences. A court can order you to return the child, change custody, or impose legal penalties.
• Mediation and legal advice can help. If relocation is contested, working with professionals can make a big difference.

What Ontario Law Says About Relocation

Relocation cases in Ontario fall under the Children’s Law Reform Act and the Divorce Act. The primary concern? The child’s best interests. Here’s how different custody situations affect your ability to move:

a. If You Have Sole Custody

You have more flexibility but must still notify the other parent. The impact on your child’s relationship with them matters.

b. If You Share Custody

You need the other parent’s consent. If they disagree, a judge will decide whether the move benefits your child.

c. If There’s No Custody Order

Without a formal custody agreement, things can get murky. You should still inform the other parent and try to agree before taking legal steps.

Factors Courts Consider in Relocation Cases

When deciding if a parent can move with a child, courts analyze several factors, including:

1. Reason for the Move

Are you relocating for a better job, family support, or a fresh start? If the move appears to be an attempt to limit the other parent’s access, the court may deny it.

2. Impact on the Child

How will the move affect school, friendships, and overall stability? Judges look at whether the benefits outweigh the disruptions.

3. Relationship with the Other Parent

Courts want children to maintain meaningful relationships with both parents. If a move hinders this, approval is less likely.

4. Child’s Wishes

If the child is old enough to express an opinion, the court may take their preference into account.

5. Proposed Parenting Plan

A solid plan that includes visitation schedules, virtual communication, and travel arrangements can strengthen your case.

What Happens If You Move Without Consent?

Moving your child without the other parent’s permission - or a court order - can lead to serious legal consequences:

1. A judge may order the child’s return.
2. You could lose custody or decision-making rights.
3. The court may require you to cover the other parent’s legal costs.
4. In extreme cases, unauthorized relocation can be considered parental abduction.

Bottom line? Don’t move without following the legal process.

How to Handle Relocation Disputes

If you and your ex can’t agree, consider these steps:

1. Try Mediation

A professional mediator can help you find a solution that works for both parties, avoiding costly court battles.

2. Present a Detailed Plan

If you want to move, be prepared to show how you’ll maintain your child’s relationship with the other parent. Your plan should include:

• A clear visitation schedule
• Travel arrangements for visits
• Options for virtual communication (video calls, messaging, etc.)

3. Gather Supporting Evidence

If your case goes to court, solid evidence helps. Documents from schools, employers, or experts can strengthen your argument.

4. Seek Legal Advice

Relocation cases are complex. A family lawyer can help you navigate the process and present a strong case.

What If Your Ex Wants to Move with Your Child?

If you’re the parent being left behind, you have rights too. Here’s what you can do:

1. Stay Calm

Emotions run high in relocation cases, but clear thinking will help you make better decisions.

2. Communicate Your Concerns

Let your ex know how the move would impact your relationship with your child. Offer alternatives if possible.

3. Document Everything

Keep records of conversations, emails, and any evidence that supports your position.

4. Get Legal Support

A lawyer can help you challenge the move or negotiate a better arrangement.

Need Help with a Relocation Dispute?

Relocation after divorce is complex, but you don’t have to face it alone. At Braystone Mediation, we help parents find fair solutions that put children first. Whether you’re planning to move or opposing a relocation, we can guide you through the process.

Contact us today to discuss your case and protect your child’s future.