Moving After a Divorce in Ontario: What You Need to Know About Relocation

It’s a question I hear often: “If I’m moving after a divorce in Ontario, can I just go?”

The short answer is: not always. When children are involved, the law requires more than a moving truck and a change of address. In fact, amendments to the Divorce Act in 2021 changed how relocation cases are handled, making the process clearer - but also more structured.

If you’re considering a move after separation or divorce, here’s what you need to know about the rules, the process, and how courts decide what’s best.

What Counts as “Relocation”?

Under the Divorce Act, relocation isn’t just moving across the country. Even moves within Ontario can count if they would significantly impact:

• Your child’s schedule

• The other parent’s ability to see the child

• The overall parenting arrangement

So, moving after a divorce in Ontario isn’t just a personal choice - it may be a legal one if children are part of the picture.

The Notice Requirement: Telling the Other Parent

One of the most important changes in the Divorce Act is the notice requirement. If you want to move with your child, you must:

1. Give the other parent written notice at least 60 days before the move.

2. Provide details about where you’re going, why you’re moving, and how you propose parenting time will work after the move.

   
   

This written notice isn’t optional - it’s a mandatory step.

What Happens If the Other Parent Objects?

If the other parent doesn’t agree with the relocation, they can formally object within 30 days. When that happens, the issue may go to court, where a judge will decide.

The court’s guiding principle? The best interests of the child. Judges look at:

• The reason for the move

• The impact on the child’s relationship with each parent

• The existing parenting arrangement

• Whether the relocating parent has proposed reasonable solutions for maintaining contact

How the Amendments Changed the Process

Before the Divorce Act amendments, relocation disputes were often inconsistent, handled differently by different courts. The changes introduced:

• Clarity: clear rules about notice and objections

• Consistency: a structured framework judges must follow

• Child focus: an even stronger emphasis on the best interests of the child, including safety concerns and family violence

For families, this means more predictability in how cases are decided—even if the outcome still depends on the facts of your situation.

An Example From My Practice

I once worked with a parent who wanted to move closer to a community with her boys and new partner. This community was a 4-hour drive from their current residence. The woman was homeschooling her children and wanted a supportive environment where her children could grow up according to her principles.

Her ex, an airline pilot, supported this move after she explained where she wanted to move and why. His career allowed him to spend time on an irregular basis with the boys, and he was also able to relocate closer to where they would be living. I helped them understand the Family Law pertinent to their situation and assisted in drafting the amendment to their current parenting arrangement. They proceeded with the changes, and everything was positive.

Practical Tips If You’re Considering Moving After a Divorce in Ontario

1. Start the Conversation Early: Don’t wait until moving day to bring this up. Notice is legally required, but advance discussion can prevent conflict.

2. Put the Child First: Frame the move in terms of your child’s needs - schooling, support network, safety - not just your own.

3. Propose Realistic Parenting Plans: Offer solutions that make it easy for the other parent to stay involved, even from a distance.

4. Consider Mediation Before Court: Many relocation disputes can be resolved without a trial, saving time, money, and stress.

Moving Forward

Relocating after separation is never simple, especially when children are involved. If you’re thinking about moving after a divorce in Ontario, know that the Divorce Act amendments provide structure, but every case is unique. At Alliston Resolutions, we help families navigate relocation issues with compassion and clarity - whether through mediation, coaching, or legal guidance.

Book a consultation today if you’re considering a move and want to understand your options before you take the next step.