Can I move with my child without the other parent's consent?
Short answer
Under the Divorce Act, a parent who plans a relocation must notify the other in writing at least 60 days in advance, using the notice of relocation form. The other parent has 30 days from receiving the notice to object to it.
In detail
The federal regime applies to files governed by the Divorce Act. A move is a “relocation” where it is likely to have a significant impact on the child's relationship with the other parent or with a person who has contact.
The Department of Justice Canada sets out what the notice must contain: the expected date of the move, the address of the new place of residence, contact information, and a proposal for reorganizing parenting time. There is an official form for this purpose.
The parent who receives the notice can either consent and agree on new arrangements, or object within 30 days. Where there is no agreement and no objection within the time limits, or where there is an objection, it is the court that decides, always based on the child's interest. Special rules apply where there is a risk of family violence.
What to document
A copy of the notice sent or received, proof that it was sent and the date it was received — those dates are what start the 60 days and the 30 days. Also keep any written reply, the proposed new schedule, and the material that explains the move (job offer, lease, school admission).
Put your facts in writing, free. Writing your version down early, keeping your documents dated and preparing your questions for a lawyer: the tool is there to document, never to advise.
Open the application Up to 3 files, no card · see the plans
Official sources
- Department of Justice Canada — Relocating after a separation or divorce?
- Department of Justice Canada — Notice of relocation form
- Divorce Act (R.S.C. 1985, c. 3 (2nd Supp.))
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What this page is not
This is general legal information about the law of Quebec and Canada, dated and sourced. It is not legal advice, not a strategy, and not a prediction about the outcome of a case. In Quebec, only lawyers and notaries may give legal advice (Act respecting the Barreau du Québec, ss. 128 and 133). Laws and amounts change: the official source always prevails over us.