Notice of relocation or change of residence (Divorce Act)
Prepare the written notice of the Divorce Act — Form 1, 2 or 3 of SOR/2020-249, or the notice of s. 16.8 — with your own information. You sign it and give it yourself.
What you will prepare
- Form 1 — Name
- Form 1 — Current address
- Form 1 — Current contact information
- Form 1 — Name of any child of the marriage who is relocating
- Form 1 — Name of any other child of the marriage in respect of whom the person giving the notice has parenting time or decision-making responsibility
- Form 1 — Name of any person who has parenting time, decision-making responsibility or contact under a contact order in respect of any child of the marriage
- Form 1 — Expected date of relocation (at least 60 days after the notice, s. 16.9(1))
- Form 1 — Address of the new place of residence and contact information of the person or child of the marriage, as the case may be
- Form 1 — Proposal as to how parenting time, decision-making responsibility or contact, as the case may be, could be exercised
- Form 2 — Name
- Form 2 — Current address
- Form 2 — Current contact information
- Form 2 — Reasons for the objection to the relocation (within 30 days after receipt of the notice, s. 16.91(1)(b)(i))
- Form 2 — Views on the proposal for the exercise of parenting time, decision-making responsibility or contact, as the case may be, that is set out in the notice of relocation
- Form 3 — Name
- Form 3 — Current address
- Form 3 — Current contact information
- Form 3 — Name of any child of the marriage specified in the contact order
- Form 3 — Name of any person who has parenting time or decision-making responsibility in respect of any child of the marriage specified in the contact order
- Form 3 — Expected date of change in place of residence (at least 60 days after the notice, s. 16.96(2))
- Form 3 — Address of the new place of residence and contact information of the person
- Form 3 — Proposal as to how contact could be exercised in light of the change in place of residence
- Notice under s. 16.8 — the date on which the change is expected to occur
- Notice under s. 16.8 — the address of the new place of residence and contact information of the person or child, as the case may be
Information to have ready
Sender and recipient names and addresses, letter date, proposed delivery method, relevant facts, requested remedy and supporting records. No court caption is required by this drafting tool.
Review before sending
Check the facts, amount and requested remedy, applicable requirements, recipient, confidentiality and signature before sending. Arrange delivery yourself and keep its evidence. Exporting a draft does not send the letter or prove receipt.
The official reference below concerns Québec only. For another province, verify its applicable requirements. The tool does not supply a universal response deadline.
Fictional writing examples
Examples are inspiration only. Replace every detail with your verified facts; opening an example never adds it to your case.
Form 1 — Name
Example (fictional): Alex Example. Write the name as it appears on the order or judgment in force.
Form 1 — Current address
Example (fictional): 100 Fictional Street, Montréal (Québec) H0H 0H0.
Form 1 — Current contact information
Example (fictional): telephone 514-555-0100 and email alex@example.test.
Form 1 — Name of any child of the marriage who is relocating
List each child by full name; Regulation s. 2 a) and b) require the children who relocate and any other child of the marriage concerned. If there is none, write “none”. Example (fictional): Sam Example.
Form 1 — Name of any other child of the marriage in respect of whom the person giving the notice has parenting time or decision-making responsibility
List each child by full name; Regulation s. 2 a) and b) require the children who relocate and any other child of the marriage concerned. If there is none, write “none”. Example (fictional): Sam Example.
Form 1 — Name of any person who has parenting time, decision-making responsibility or contact under a contact order in respect of any child of the marriage
Name every person concerned (Regulation s. 2 d)); each of them receives the notice. Example (fictional): Jordan Example, other parent.
Form 1 — Expected date of relocation (at least 60 days after the notice, s. 16.9(1))
Write the expected date. Example (fictional): 1 August 2027.
Form 1 — Address of the new place of residence and contact information of the person or child of the marriage, as the case may be
New address and contact information. If disclosing an address raises a safety concern, the court may modify or waive the requirement on application (s. 16.9(3)).
Form 1 — Proposal as to how parenting time, decision-making responsibility or contact, as the case may be, could be exercised
Describe the proposed schedule, transport and communication in neutral terms. Example (fictional): alternate weekends and half of the summer holidays.
Form 2 — Name
Example (fictional): Alex Example. Write the name as it appears on the order or judgment in force.
Form 2 — Current address
Example (fictional): 100 Fictional Street, Montréal (Québec) H0H 0H0.
Form 2 — Current contact information
Example (fictional): telephone 514-555-0100 and email alex@example.test.
Form 2 — Reasons for the objection to the relocation (within 30 days after receipt of the notice, s. 16.91(1)(b)(i))
State the reasons in your own words (Divorce Act s. 16.91(2)(b)); the objection is set out within 30 days after the day on which the notice is received (s. 16.91(1)(b)(i)).
Form 2 — Views on the proposal for the exercise of parenting time, decision-making responsibility or contact, as the case may be, that is set out in the notice of relocation
Give your point of view on the proposal received (Divorce Act s. 16.91(2)(c)), factually and without describing the other person.
Form 3 — Name
Example (fictional): Alex Example. Write the name as it appears on the order or judgment in force.
Form 3 — Current address
Example (fictional): 100 Fictional Street, Montréal (Québec) H0H 0H0.
Form 3 — Current contact information
Example (fictional): telephone 514-555-0100 and email alex@example.test.
Form 3 — Name of any child of the marriage specified in the contact order
List each child specified in the contact order by full name (Regulation s. 6 c)). Example (fictional): Sam Example.
Form 3 — Name of any person who has parenting time or decision-making responsibility in respect of any child of the marriage specified in the contact order
Name every person concerned (Regulation s. 6 d)); each of them receives the notice (s. 16.96(1)). Example (fictional): Jordan Example, other parent.
Form 3 — Expected date of change in place of residence (at least 60 days after the notice, s. 16.96(2))
Write the expected date. Example (fictional): 1 August 2027.
Form 3 — Address of the new place of residence and contact information of the person
New address and contact information. If disclosing an address raises a safety concern, the court may modify or waive the requirement on application (s. 16.96(3)).
Form 3 — Proposal as to how contact could be exercised in light of the change in place of residence
Describe the proposed schedule, transport and communication in neutral terms. Example (fictional): alternate weekends and half of the summer holidays.
Notice under s. 16.8 — the date on which the change is expected to occur
Write the expected date. Example (fictional): 1 August 2027.
Notice under s. 16.8 — the address of the new place of residence and contact information of the person or child, as the case may be
New address and contact information. If disclosing an address raises a safety concern, the court may modify or waive the requirement on application (s. 16.8(3)).
Category and limits
Complete template to fill in yourself · category A · practice area : Family · offered in case files of type : Family
Complete template that you fill in for your own file. The fixed text only carries the mentions the cited provisions require; the facts, choices and requests are yours. The tool does not file, serve, swear or send anything, does not choose a remedy or a deadline for you, and guarantees no outcome (Act respecting the Barreau du Québec, s. 128: “to prepare and draw up a notice, motion, proceeding or other similar document intended for use in a case before the courts”, “performed for others”, is the exclusive prerogative of the practising advocate or solicitor).
What the provisions read require
- Divorce Act, s. 16.9(1) — “at least 60 days before the expected date of the proposed relocation and in the form prescribed by the regulations” (Justice Canada — Divorce Act, R.S.C. 1985, c. 3 (2nd Supp.), read on 2026-10-21)
- Divorce Act, s. 16.9(2) — “The notice must set out (a) the expected date of the relocation; (b) the address of the new place of residence and contact information of the person or child, as the case may be; (c) a proposal as to how parenting time, decision-making responsibility or contact, as the case may be, could be exercised; and (d) any other information prescribed by the regulations.” (Justice Canada — Divorce Act, R.S.C. 1985, c. 3 (2nd Supp.), read on 2026-10-21)
- SOR/2020-249, s. 3 — “a person who intends to undertake a relocation must give notice of their intention by providing the information set out in Form 1 of the schedule” (Justice Canada — Notice of Relocation Regulations, SOR/2020-249, read on 2026-10-21)
- Divorce Act, s. 16.91(1)(b)(i) — An objection is set out “within 30 days after the day on which the notice is received”, in the prescribed form or by an application under s. 16.1(1) or 17(1)(b). (Justice Canada — Divorce Act, R.S.C. 1985, c. 3 (2nd Supp.), read on 2026-10-21)
- Divorce Act, s. 16.91(2) — “The form must set out (a) a statement that the person objects to the proposed relocation; (b) the reasons for the objection; (c) the person’s views on the proposal …” (Justice Canada — Divorce Act, R.S.C. 1985, c. 3 (2nd Supp.), read on 2026-10-21)
- Divorce Act, s. 16.8(2) — “The notice shall be given in writing and shall set out (a) the date on which the change is expected to occur; and (b) the address of the new place of residence and contact information of the person or child, as the case may be.” (Justice Canada — Divorce Act, R.S.C. 1985, c. 3 (2nd Supp.), read on 2026-10-21)
- Divorce Act, s. 16.96(2) — If the change is likely to have a significant impact on the child’s relationship with a person who has contact, the notice is given “at least 60 days before the change in place of residence, in the form prescribed by the regulations”. (Justice Canada — Divorce Act, R.S.C. 1985, c. 3 (2nd Supp.), read on 2026-10-21)
- Divorce Act, ss. 16.8(3), 16.9(3) — The court may, on application, provide that the requirements do not apply or modify them, “including where there is a risk of family violence”; the application may be made without notice (s. 16.9(4)). (Justice Canada — Divorce Act, R.S.C. 1985, c. 3 (2nd Supp.), read on 2026-10-21)
Time limits read
- Forms 1 and 3: at least 60 days before the expected date (ss. 16.9(1), 16.96(2)).
- Form 2: within 30 days after the day on which the notice is received (s. 16.91(1)(b)(i)).
Exhibits and documents
- Copy of the parenting order or judgment in force.
- Proof that the notice was given (keep it with the case file).
- For Form 2: copy of the notice received and its date of receipt.
To verify (not read or not settled)
- Offered for files governed by the Divorce Act. For unmarried parents, no text read imposes this notice (13-01, F11, deduced).
- Whether a move is a “relocation” (Divorce Act, s. 2(1)) is not assessed by the tool.
- No delivery mode is prescribed in the provisions read; the application to waive or modify (s. 16.9(3)) is not prepared here.
- In a Superior Court modification application, the notice is mentioned by art. 38 f) of the family rules.
Complete template (category A). Each printed heading is, word for word, that of the notice given: Forms 1, 2 and 3 of the schedule to SOR/2020-249 (regulation up to date 2026-10-19) or, for a notice under s. 16.8 of the Divorce Act, which has no prescribed form, the heading “Change in Place of Residence”, the marginal note “Notice” and the items of s. 16.8(2) (Act up to date 2026-10-19); read on Justice Laws on 2026-11-03. Fill in only the part for your notice: each part is printed only if it is filled in, and every line of that part must be answered (SOR/2020-249, ss. 3, 5 and 7: notice is given “by providing the information set out in” the form; s. 16.8(2) for a notice under s. 16.8). No response date is printed: the Act sets the time to object, “within 30 days after the day on which the notice is received” (s. 16.91(1)(b)(i)). Preparation only: the tool gives no notice for you, assesses no relocation and guarantees no outcome. Québec statutes and most Québec sources linked here were read in French; English wording in this guide is an unofficial summary unless an official English text is linked.
Preuve en main is a preparation and legal-information tool. It gives no legal advice, replaces neither a lawyer nor the official form, and guarantees no outcome.
Justice Canada — Loi sur le divorce, L.R.C. 1985, ch. 3 (2e suppl.) ↗
Justice Canada — Divorce Act, R.S.C. 1985, c. 3 (2nd Supp.) ↗
Justice Canada — Règlement relatif à l’avis de déménagement important, DORS/2020-249 ↗
Justice Canada — Notice of Relocation Regulations, SOR/2020-249 ↗
LégisQuébec — Règlement de la Cour supérieure du Québec en matière familiale, C-25.01, r. 0.2.4 ↗