Assess a proposed move with your child after separation — notice rules, who bears the burden of proof, best-interests factors, and the risk of moving without consent.
You have a saved session. Pick up where you left off?
Relocation is a move that significantly affects the child's relationship with the other parent or another person who has parenting time. Under Canada's Divorce Act, a parent who plans to relocate a child must give at least 60 days' written notice to anyone with parenting time or decision-making responsibility, setting out the new address, the expected move date, and a proposal for how parenting time will work after the move. The other parent then generally has 30 days to object in writing; if they do not object and no court order prohibits the move, the relocation may proceed. A local move that does not change the schedule is treated as an ordinary change of residence, which only requires notice, not the full relocation process.
In the United States there is no single national rule — relocation is governed state by state. Most states require the moving parent to give written notice (commonly 30 to 90 days, with 60 days being typical) and give the other parent a defined window to object, after which a court decides. Some states use a set distance (for example, more than 50 or 100 miles) or a move out of state to define relocation. Because the notice period, the distance trigger, and the objection procedure all vary, confirming your state's specific rule is one of the first things to do before setting a move date.
The burden of proof depends on the existing parenting arrangement. Under Canada's Divorce Act, 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 parent who wants to move, the burden shifts to the objecting parent to prove the move is not in the child's best interests. Where time is shared in some other proportion, both parents share the burden. Notably, a court is not permitted to consider whether the relocating parent would move without the child — so 'I'll go either way' framing is legally irrelevant and can backfire.
Best-interests factors are similar across Canada and the US: the reason for the move; the impact on the child's relationship with each parent and with siblings and extended family; the child's views depending on age and maturity; the feasibility of preserving the relationship through a revised long-distance schedule; each parent's compliance with existing obligations; and whether there is any family violence. A genuine, good-faith reason paired with a concrete plan to keep the other parent meaningfully involved is far more persuasive than the move itself. US courts weigh comparable factors, and many require the moving parent to show the move is made in good faith and will improve the quality of life for the parent and child.
Moving a child without the other parent's consent or a court order is one of the most damaging mistakes a parent can make. Domestically, a court can order the child returned and can treat the unilateral move as a factor weighing against the moving parent. Internationally, both Canada and the United States are parties to the Hague Convention on the Civil Aspects of International Child Abduction: a child under 16 who is wrongfully removed from their country of habitual residence can be ordered returned, often quickly, regardless of which country the parent believes offers a better life. Wrongful removal can also carry criminal parental-abduction consequences.
The safe path is always to obtain written consent or a court order authorizing the move before you go, and to preserve the child's relationship with the other parent through a detailed revised schedule — extended school breaks and summers, allocated travel costs, and guaranteed video contact. Where a move is driven by family violence, courts treat it very differently and can provide protective measures such as confidential address provisions and expedited orders. In every case, serving proper written notice and documenting a good-faith plan protects both you and the child far better than moving first and explaining later.
Embed this free Child Relocation wizard on your law firm site — it runs in an iframe and includes a link back to LexScale.ai.
This assessment provides general legal information only — not legal advice. Relocation rules, notice periods, and burden-of-proof standards vary significantly by province and state, and the results do not account for every factor a court would consider. Do not move a child without written consent or a court order. If there are any safety concerns, use the resources provided and consult a qualified family lawyer in your jurisdiction.
Ready to grow your firm with AI?