I have a court order about parenting. Can I move with my child?
Question & AnswerI have a court order about parenting. Can I move with my child?
4. Wait for your partner’s response
You must give your partner notice of your plan to move if the move will have a big impact on their relationship with the child. Your partner then has 30 days to object to your plan if they don't agree.
To object, they have to respond in writing to your notice or start a court case.
How they object depends on the law your is based on.
If you were before and have a court order under the Divorce Act, they must use this Objection to Relocation Form to give notice of their objection.
If you have a court order under the Children's Law Reform Act, they must give written notice of their objection. It must include:
- their name
- their current address
- their contact information
- that they object to the move
- the reasons why they object
- what they think of your plan on how parenting could work after you move, such as how making decisions and spending time with your child will change
If your partner objects within the 30-day deadline, you cannot move unless you have a court order or reach an agreement with your partner.
If your partner doesn't object and you don't have a court order that prevents you from moving, then you can move. You can only move on or after the day you said in your notice. You cannot move before.
If your partner objects after the 30-day deadline, you can still move as long as there isn't a court order that says you can't move. To stop you from moving, or to get you to move back, your partner has to take you to court.