Relocation With a Child in BC

Moving With a Child Is a Legal Step, Not Just a Move

A new job, family support in another province, a fresh start. Whatever is behind the move, the law treats relocation with a child in BC as a legal event with its own rules and deadlines. Under the Family Law Act, relocation means a change in where a child or a guardian lives that can reasonably be expected to have a significant impact on the child's relationship with a guardian or another person who plays a significant role in the child's life (s. 65). Distance alone is not the test; the impact on the child's relationships is.

SiLaw Group Family Lawyers is a boutique family law and mediation firm in South Surrey. We act for parents planning a move and for parents trying to stop one, in English and Punjabi. This page explains which law applies, how notice works, and who has to prove what. For first steps, read our post on planning a move from BC with your child, and see our wider parenting services.

Which Law Applies to Your Move

Two different laws govern relocation in British Columbia, and the first job is figuring out which one applies to you.

• The Family Law Act rules (Part 4, Division 6) apply when a written agreement or a court order about parenting arrangements or contact already applies to the child (s. 65(2)). This covers most separated parents in BC, married or not.
• The Divorce Act rules (sections 16.9 to 16.96) apply to divorced or divorcing parents who have parenting time or decision-making responsibility under that Act. Our divorce guide explains how those files start.

Both systems ask the same core question, what is in the best interests of the child, and both are built around a 60-day notice and a 30-day objection window.

The 60-Day Notice Under the Family Law Act

A guardian who plans to relocate must give every other guardian, and every person who has contact with the child, at least 60 days' written notice of the date of the move and the name of the proposed location (s. 66). The court can excuse notice where it cannot be given without a risk of family violence, or where there is no ongoing relationship between the child and the other person, and that application can be made without notice to anyone else (s. 66(2) and (3)).

Once notice is given, the Act expects everyone to try to resolve the issues together before the moving date (s. 67). Many families do that through mediation. Then comes the deadline that decides many cases: if no other guardian files a court application to prohibit the move within 30 days of receiving the notice, the relocation may go ahead on or after the date in the notice (s. 68).

How a BC Court Decides a Contested Relocation

If a guardian objects in time, section 69 governs. The court looks at the ordinary best-interests factors plus whether the move is proposed in good faith. Good faith turns on the reasons for the move, whether it is likely to enhance the general quality of life of the child and the moving guardian (including emotional well-being and financial or educational opportunities), whether notice was given, and any restrictions on moving written into an agreement or order (s. 69(6)).

Who has to prove what depends on the parenting schedule:

• If the guardians do not have substantially equal parenting time, the relocating guardian must show good faith plus reasonable and workable arrangements to preserve the child's relationships. Once that is shown, the move must be considered to be in the child's best interests unless the other guardian satisfies the court otherwise (s. 69(4)).
• If parenting time is substantially equal, the relocating guardian must show all of that and also satisfy the court that the move is in the child's best interests (s. 69(5)).

One thing the court must not consider is whether you would move anyway without the child (s. 69(7)).

Relocation Under the Divorce Act

For divorced or divorcing parents, notice must be given at least 60 days before the move, in the form set by the federal regulations. It must include the expected date, the new address and contact information, and a proposal for how parenting time, decision-making responsibility or contact could work after the move (s. 16.9). A parent who receives notice has 30 days to object, either in a prescribed objection form or through a court application. If nobody objects in time and no order prohibits the move, it can proceed on the date in the notice (s. 16.91).

If the dispute reaches court, the judge adds relocation-specific factors to the ordinary best-interests analysis: the reasons for the move, its impact on the child, each person's time with and involvement in the child's life, compliance with notice obligations, any agreed limits on where the child is to live, and how reasonable the moving parent's proposal is given the distance and travel costs (s. 16.92).

The burden of proof follows the caregiving pattern (s. 16.93). Where the child's time with each parent is substantially equal, the moving parent must prove the move is in the child's best interests. Where the child spends the vast majority of time with the moving parent, the objecting parent must prove it is not. In every other case, both sides carry the burden. Family violence notice exemptions exist here too (s. 16.9(3)).

Frequently Asked Questions

What Counts as Relocation With a Child in BC?

A move, by the child or a guardian, that can reasonably be expected to have a significant impact on the child's relationship with a guardian or another significant person (Family Law Act, s. 65). The Divorce Act draws the line the same practical way, a change of residence likely to have a significant impact on the child's relationships. Under the Divorce Act, even a smaller move that is not a relocation still requires notice to the other parent (s. 16.8).

What Happens if I Move Without Giving Notice?

Both statutes make notice one of the factors the court weighs when deciding whether to allow a move (Family Law Act s. 69(6); Divorce Act s. 16.92). If safety concerns make notice feel dangerous, ask about the family violence exemption. Get advice before the move, not after.

Can I Stop My Former Partner From Moving With Our Child?

You can object, but the clock is strict: 30 days from receiving notice under both Acts, in the form each Act prescribes. If a hearing is coming, our guide to your first court appearance will help you prepare.

Talk to a Relocation Lawyer in Surrey for Free

Relocation cases run on short statutory clocks, so early advice matters more here than almost anywhere else in family law. Whether you are planning a move or answering one, SiLaw Group offers a free 30-minute consultation in English or Punjabi, by phone, video or in person in South Surrey. Call (778) 381-9977 or Book Now for a Free Consultation.

This page is legal information, not legal advice. For advice about your own situation, speak with a lawyer.