Canada

Can I move to another city with my child after separation?

30 days
Notice period
Divorce Act
Governing law
s. 16.9
Relocation section
Court order
May be required
The Short Answer

Yes, you can move to another city with your child after separation, but you must give formal notice to the other parent and may need court approval if they object.

What the Law Says

The federal Divorce Act sets out clear rules for moving with a child after separation — especially when the move is considered a 'relocation'. This applies to all parents subject to a divorce order or parenting arrangement under the Act.

If you have decision-making responsibility or parenting time under a court order or agreement, and you plan to relocate with your child — including moving to another city — you must give written notice to every other person who has decision-making responsibility or parenting time.

The notice must include the proposed date of relocation, the address of the new residence (if known), the reasons for the move, and a proposal for how parenting time or decision-making responsibility will be adjusted.

The other parent has the right to object. If they do, and you cannot resolve it together, either party may apply to court for a decision about whether the relocation is in the child’s best interests.

Statutory Text

A person who intends to relocate with a child must provide notice to every other person with decision-making responsibility or parenting time.

Divorce Act, s. 16.9 — Relocation

What to Do

1

Give written notice to the other parent at least 60 days before the planned move (though the Act does not specify a minimum timeframe, courts routinely expect 60 days unless urgent).

2

Include the new address (if known), move date, reasons, and proposed changes to parenting time or responsibilities.

3

Try to reach an agreement — consider mediation if discussions are difficult.

4

If the other parent objects and no agreement is reached, file an application with the court to seek permission to relocate.

5

Be prepared to show how the move benefits the child’s well-being, stability, education, and relationship with both parents.

Sources

Same Question, Other Jurisdictions

Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.