Child Relocation Factors Calculator — Canada

Under Divorce Act s.16.92, a court weighs the reasons for the relocation, the impact on the child, the amount of time each parent spends with the child, whether the moving parent complied with notice requirements, the reasonableness of the proposal, and any restrictions in existing orders or agreements — all through the lens of the child's best interests under s.16.

The 2021 Divorce Act amendments created burdens tied to parenting time. If the child spends substantially equal time with each parent, the relocating parent must prove the move is in the child's best interests. If the child spends the vast majority of time with the relocating parent, the objecting parent bears the burden. Otherwise, no presumption applies and both parties share the burden.

Yes. Under the Divorce Act, a person planning to relocate with a child generally must give at least 60 days' written notice to anyone with parenting time or decision-making responsibility, including a proposed new location and parenting arrangement. Failing to give proper notice can weigh heavily against the moving parent.

Only with the other parent's consent or a court order if the move would significantly affect the child's relationship with the other parent. Courts assess each case individually under the best-interests test set out in Gordon v Goertz and reaffirmed in Barendregt v Grebliunas (2022). There is no automatic right to relocate.