When Your Ex Moves Without Consent: What Family Law Says About Moving with Children Without Consent in Ontario

It can feel like the rug has been pulled out from under you. One day, your children are living nearby. Next, your ex has packed up and moved them away without asking, without telling you, and without your consent. If you’re facing this situation, you’re not alone. In Ontario, moving with children without consent is more than just upsetting—it can have serious legal consequences. Understanding your rights is the first step toward protecting your relationship with your children.

Understanding the Law: Moving with Children Without Consent in Ontario

Under Ontario’s Children's Law Reform Act, any parent with parenting time or decision-making responsibility cannot relocate a child without providing formal notice. Relocation typically refers to a move that would significantly impact the child's relationship with the other parent, but even shorter-distance moves may require notice, depending on your parenting plan or court order.

The law makes it clear: your ex cannot move with the children without first providing notice, and often, your consent or a court’s permission is required.

What Counts as Moving with Children Without Consent in Ontario?

Moving without consent isn’t just about distance. If your parenting agreement requires notice for any change of address, then even a move across town without communication could be considered non-compliant.

The key issue is whether the move impacts your parenting time or your relationship with your child. If it does, and you weren’t informed or didn’t agree, you have legal options.

Legal Remedies: What You Can Do If your ex is moving with children without consent in Ontario, you may be able to:

• Seek a remedy through mediation

• Apply to the court to have the child returned

• Request a change in primary residence

• Seek enforcement of the existing parenting order

• Ask for legal costs due to the breach of agreement

The court's main concern is always the best interests of the child, which include stability, emotional well-being, and maintaining strong relationships with both parents. A sudden, unauthorized move can be viewed as disruptive and even harmful, especially if it damages the child’s bond with the parent left behind.

A Real-Life Example

A client once came to mediation heartbroken and panicked. His ex had moved from Barrie to Ottawa with their two children over a long weekend, notifying him only after the fact. They shared joint decision-making, and their parenting plan required 60 days’ notice for any relocation.

Through a mix of legal counsel and restorative mediation, the court ruled the move was not in the children’s best interest. The mother was ordered to return, and the parenting schedule was restructured to prevent future unilateral decisions. It wasn’t easy, but it reminded both parents that conflict handled constructively can still prioritize the children.

How Mediation Can Help

Sometimes, these situations arise from fear or a communication breakdown. A parent may move because they’re escaping a toxic environment, pursuing stability, or genuinely believing it’s best for the children. Mediation provides a space to unpack these motivations and find solutions that consider everyone’s needs—especially the child’s.

We help separated parents review their parenting agreements before making decisions that could lead to legal disruption, crafting clearer guidelines around notice periods, dispute resolution steps, and handling urgent moves.

Contact us today to learn how we can assist you with your specific situation.