Rules apply if you want to move (relocate) with or without a child. Talk with a lawyer right away if you are planning a move. If you move without consent from others involved in your child’s life, you could have serious legal problems.
New Parenting Words
What do the new parenting words mean?
Parenting words have changed. The words “custody” and “access” are no longer used. The new words may differ from those in your order or agreement, but the rules are the same.
The new words focus on parents’ responsibilities to and relationships with their children:
- decision-making responsibility—used to be “custody”
- parenting time —used to be “access”
- contact —used to be “access”
Decision-making responsibility (custody) identifies who will make important decisions using the child’s best interests guideline. These include:
- medical and dental care
- education
- culture, language, religion and spirituality
- extra-curricular activities.
Decision-making responsibility may be either:
- shared between parents
- divided between parents (based on types of decisions)
- one parent may be responsible for all significant decisions.
Parents are expected to discuss important decisions about their children, no matter who has the decision-making responsibility.
Parenting time (access) is when a child is with a parent or person with the primary parenting role. It also includes time when they are not together. The child may be in school or daycare.
If you have parenting time, you can make daily decisions, including emergencies.
Contact (access) is time the child spends with people who are important in their life, like grandparents, but who do not have a parenting role.
A person with decision-making responsibility or parenting time has a right to get information about the child’s health, education and well-being from other people or organizations. The exceptions are if a privacy law limits this or a court orders something different.
Do I need to update my agreement with the new words?
No. You do not need a new agreement or court order. Leave your original documents as they are until you agree on a change.
Procedure for Relocating
What does “relocation” mean?
In family law, a move is called a “relocation” if the:
- current parenting schedule or arrangements will no longer work
- child’s relationship with a parent, guardian or person with a contact order is affected.
Even if you make a small move, it can be a relocation. It depends on how it changes the parenting schedule and the child’s relationships with others. You cannot move unless you have a court order to allow it or written consent from those affected.
What rules apply if I move after separation or divorce?
The Divorce Act (Canadian law) and the Parenting and Support Act (Nova Scotia law) have similar relocation (family move) rules. You must give notice and follow the rules when planning to relocate.
Family law relocation rules apply when someone wants to move with or without a child. The rules about moving are complicated, so it is important to talk with a lawyer.
Court order or agreement: If you have a court order or written agreement, you must follow it before you move. Your order or agreement may include rules about moving.
The Divorce Act relocation rules apply only if you have an order made under the Divorce Act. This is called a Corollary Relief Order in Nova Scotia. It may include rules about:
- parenting time (custody)
- decision-making responsibility (access)
- contact (access).
The provincial Parenting and Support Act relocation rules apply in all other cases.
What permission do I need to relocate?
If the move you are planning is big enough to qualify as a relocation, you will usually need permission. In most cases, you can only relocate if there are no objections, court orders, or written and signed agreements against it.
If you have a court order or agreement, follow its instructions before moving. You could have criminal charges if you move your child without a written agreement or court order giving permission.
You will generally:
- need permission to relocate from the child’s other significant caregiver—anyone who has decision-making responsibility or parenting time
- have to give written notice of the planned relocation to anyone who has parenting time, decision-making responsibility or contact
- give them notice whether you plan to relocate with or without the child.
You do not need permission to relocate from a person with child contact time, but you must give them notice.
What notices do I need to give when relocating?
Notice allows everyone to discuss the planned move and try to work things out.
If you have a court order or agreement that talks about moving, you must follow it. Check your court order or agreement to see if it talks about moving.
If you don’t have a court order or agreement, or if the one you have doesn’t talk about moving, you will have to give advance notice of your planned move to anyone with parenting time, decision-making responsibility or contact with your child.
Even if the move will not have a big impact on the child’s relationships, you must still give written notice.
60 days’ notice required for a planned relocation: You must give 60 days’ written notice if you plan to relocate with or without the child. This must go to anyone with parenting time, decision-making responsibility or contact with the child.
The written notice must include:
- date of the planned move
- new address or location
- any other new contact information for you or the child
- a proposal for how parenting time, decision-making responsibility or contact will work.
You may use this form to give notice for cases under the Divorce Act or the Parenting and Support Act.
When the other people involved receive your notice, they have 30 days to file an objection.
A person with a contact order cannot object to or stop a planned relocation. If new contact arrangements are needed, parents and caregivers should try to work it out. A court application may ask for new contact arrangements if they cannot.
You can move if there are no objections, court orders, or written and signed agreements against it.
Keep records of when and how you provided notice of the relocation. Consider sending the notice by registered mail so that you have confirmation that the notice was received.
When can a planned relocation go ahead?
You can move when the court says the relocation can happen or if a person with parenting time or decision-making responsibilities has not objected. They have 30 days to do this after they receive the notice.
What about travel costs for parenting time?
Relocating with a child usually means that there will be increased travel costs for parenting time (for example, fuel or flights). If the move is authorized, the court may also consider the costs related to parenting time after the move. The costs may be shared between the person relocating with the child and the person who is not.
Going to Court
What role does the court have?
A family court judge has the authority to approve a relocation or to stop it. Your planned relocation may end up in court if you and your spouse cannot agree.
The judge makes a decision based on the child’s best interests. The judge will consider:
- the reasons for the relocation
- how the relocation would affect the child
- the amount of time the child spends with each person with parenting time, and their involvement in the child’s life
- whether there is a court order or agreement that says the child must live in a specific geographic area
- whether proposed changes are reasonable for parenting time, decision-making responsibilities or contact
- whether the parties have followed their family law obligations (for example, have they followed the current court order)
- whether the person who is planning to move followed the rules for notice.
These best interest factors are in addition to those listed in the Divorce Act or Parenting and Support Act. No single factor will decide the case.
The court will not look at whether the person relocating would still move if the child was not allowed to move.
How do safety concerns affect notice rules?
If you are afraid about your or your child’s safety, get legal advice about the impact of family violence on a planned relocation. If family violence is a concern, the notice rules may not apply.
You can ask the court to change the notice rules in your case. Sometimes, a judge may order that notice of a planned relocation is not required or change the standard notice rules. If you make a court application like that, you do not need to tell the other party (usually a parent) about the application.
For example, if there is family violence and you are scared about your or your child’s safety, the court might do one of three things:
- say no notice is needed
- shorten the notice period
- say it is not appropriate for the other parent to know the new location.
Talk with a lawyer if you think the notice rules should not apply. Do this before you relocate with your child.
Can I make a court application to stop a move?
30 days notice required to file a planned relocation disagreement: You have 30 days to file a disagreement (objection) to the planned relocation if you have parenting time or decision-making responsibilities.
You can object or try to stop a planned relocation with a child by:
- explaining in writing why you object and want the move stopped
- applying to court for a judge to hear your case to stop the move.
You can use this form to object to a planned relocation. Your written objection should:
- say that you object to the planned move
- explain why you disagree with the planned move
- give your views on the new proposal for parenting time, decision-making or contact in the notice of relocation.
You can file a court application for a judge to stop a move with a child.
If you are worried that the other person will move with the child or if they have already left with the child, then you may file a court application. Explain the issues clearly in your court application. State if it is urgent to have your case heard by a judge.
You can only object to a relocation with a child. The court cannot order the other person not to move. But the court can order that the child or children will not move.
Who must prove a move is in the child’s best interests?
The rules about who proves that a move should happen or not are complicated. It is best to talk with a lawyer. Usually, it depends on the parenting arrangement:
|
Parenting arrangement |
Proof required |
|
Substantially equal parenting time |
Parent who plans to relocate must show why the move is in the child’s best interests |
|
Relocating parent has the vast majority of parenting time |
Parent who opposes the relocation must show why the move is not in the child’s best interests |
|
Any other parenting time arrangement |
Each parent must show why the planned move is or is not in the child’s best interests |
More Information
Where can I get more family law information and legal help?
The Department of Justice Canada’s website has more information about family law and the changes to the Divorce Act, including fact sheets on:
- Parenting Arrangements
- Divorce and Family Violence
- Child’s Views and Preferences
- Moving after separation or divorce
- Duties for parents and others
- Family Dispute Resolution
www.nsfamilylaw.ca- family law information on many topics, including divorce, parenting arrangements, spousal support and child support
Contact the Legal Information Society of Nova Scotia to connect with a legal information counsellor and get free legal information
Contact Nova Scotia Legal Aid for family law legal information and legal advice
Contact a lawyer in private practice (lawyer you would pay) who does family law. Here is more information about finding a lawyer in private practice.
Last reviewed: March 2022
Reviewed for legal accuracy by: Lawyer Shelley Hounsell-Gray, QC
Thank you to Justice Canada for funding to help update our legal information on divorce.