Relocation Rights in Ontario

Ontario Mobility Lawyers with 30 Years Focused on Family Law

At Feldstein Family Law Group P.C., we've focused exclusively on family law since 1994. When a parent wants to move with a child, or needs to stop a proposed move, the stakes are immediate and personal. We represent both parents who are seeking to relocate and parents who are opposing a move, handling relocations within Ontario, to other provinces, and internationally.

Founded by Andrew Feldstein, an Osgoode Hall Law School graduate with over 30 years of family law experience, our team guides you through every stage of a mobility dispute, from the initial 60 day notice through negotiation, mediation, or contested court applications. With offices in Markham, Mississauga, Oakville, and Vaughan, and virtual consultations available across Ontario, you can work with us wherever you live in the province.

If you've received a relocation notice or you're planning a move with your child, don't wait. Call (905) 581-7222 for a free, no-obligation consultation with our family law team.

Mobility Situations We Handle

Relocation and mobility disputes can arise in many different ways, from a proposed change in school district to a move across the country. We represent parents in matters such as:

• Applying for court permission to relocate a child to another city, province, or country
• Objecting to or disputing a co-parent's proposed relocation
• Assessing how an existing parenting time or decision-making responsibility order affects the right to move
• Modifying a parenting order or separation agreement to address a proposed or completed relocation
• Advising on whether a proposed move qualifies as a formal "relocation" or a simpler "change in residence" under Ontario law
• Parental child abduction cases, including urgent recovery applications where a child has been removed without consent

How Ontario Law Governs Parental Relocation

Before you agree to a move or send a relocation notice, it's important to understand which law applies to your family and what it requires of you. The rules aren't the same for every parent, and the way a move is classified can affect both your rights and the other parent's.

Two statutes control mobility rights in Ontario, depending on the parents' marital status. If you're married or divorcing, the Divorce Act applies. If you're unmarried, the Children's Law Reform Act (CLRA) governs. Both were significantly amended effective March 1, 2021, introducing formal notice requirements and shifting how courts assign the burden of proof. Understanding which statute applies to your situation, and how the distinction between a "relocation" and a "change in residence" affects your obligations, is critical before making any decisions.

A change in residence is a move that doesn't significantly impact the child's relationship with the other parent. A relocation does, and it triggers the formal notice and court approval process. There's no fixed distance threshold; courts assess the impact case by case.

Determining Factors in Allowing Parental Relocation

Under section 16.9(1) of the Divorce Act, a parent who has parenting time or decision-making responsibility and who intends to relocate must notify any other person who has parenting time, decision-making responsibility, or contact under a contact order at least 60 days before the expected date of the proposed relocation. If you have given this notice, you may relocate the child as of the date referred to in the notice if the relocation is authorized by the court or if the person with parenting time or decision-making responsibility who was given notice doesn't object to the relocation within 30 days after the notice was received.

According to section 16.92(1) of the Divorce Act, in deciding whether to authorize the relocation of a child, the court must determine what is in the best interests of the child. In addition to the general best-interests factors, the court considers the reasons for the relocation, the impact of the relocation on the child, the amount of time the child spends with each parent, and a number of other factors. Case law has dictated that the best interests of the child must be observed, not the best interests of the custodial parent. However, the court won't consider whether, if the child's relocation was prohibited, the person who intends to relocate would relocate without the child. If a parenting order provides for the child to spend the vast majority of their time in the care of the party who intends to relocate, the party opposing the relocation has the burden of proving that the relocation wouldn't be in the best interests of the child. Having an Ontario family lawyer to present your case in a clear and compelling manner can make a meaningful difference in asserting your relocation rights or your rights as a parent with parenting time, decision-making responsibility, or contact pursuant to a court order.

Where parenting time is substantially equal, the burden reverses: the parent who wants to relocate must prove that the move serves the child's best interests. Courts also consider the reasons for the move, the child's existing community and family connections, whether notice requirements were followed, and whether the proposed revised parenting plan is reasonable. The Supreme Court of Canada's decision in Gordon v. Goertz (1996) established key principles for relocation cases, and the 2021 amendments codified and updated the framework in statute. Because relocation requests are often decided at interim motions on affidavit evidence, the outcome at that stage can effectively determine the case. Early, well prepared legal representation matters.

Don't wait to act if you have questions about mobility rights. Call (905) 581-7222 for a free consultation and get clear guidance about your options and your child's future.

Why Ontario Parents Trust Feldstein Family Law Group P.C.

Mobility cases move quickly. A missed 30 day objection window or an incomplete notice can change the trajectory of your case. Our same day or next day response times mean you won't be left waiting when time sensitive deadlines are at stake.

Andrew Feldstein was appointed to the Dispute Resolution Officer (DRO) Panel for Newmarket in 2010 by the Senior Family Justice for Ontario, a recognition of his skill in resolving complex parenting matters. That experience shapes how we prepare every mobility file, whether we're pursuing negotiation, mediation, collaborative family law, or litigation in court.

Our team is equipped to handle every resolution path, so we can match the approach to the conflict level and urgency in your case. One verified client testimonial credits our firm with helping recover children who had been taken across an international border, illustrating the urgency and determination we bring to parental abduction and mobility cases.

Through the Ask Andrew program, our founding lawyer hosts a free monthly live Q&A where prospective clients can ask questions about custody, parenting time, relocation, and other family law topics. It's one more way we make legal guidance accessible before you ever sign a retainer.

Frequently Asked Questions

What Happens If My Co-Parent Moves Without Giving Notice?

An unauthorized relocation can result in court orders requiring the child's return. It can also affect the relocating parent's credibility in future proceedings and may negatively affect their parenting rights. If your co-parent has moved without proper notice, contact us as soon as possible to discuss whether an urgent application is appropriate.

Can I Stop a Relocation If We Have Equal Parenting Time?

When parenting time is substantially equal, the moving parent bears the burden of proving the relocation serves the child's best interests. You don't need to prove the move is harmful.

Does the Reason for the Move Matter to the Court?

Yes. The 2021 amendments to the Divorce Act require courts to consider the reasons for relocation as one of the enumerated best interests factors, although the child's welfare remains the primary focus.

Can a Mobility Dispute Be Resolved Without Going to Court?

It can. Negotiation through lawyers, mediation, and collaborative family law are all available paths. Court is required only when the parents can't reach agreement or when urgency demands judicial intervention.

Protect Your Parenting Relationship Today

Whether you're planning a move or opposing one, the decisions made in the next few weeks can shape your child's life for years. A free consultation with our team gives you a clear picture of your rights, your obligations, and options for moving forward.

We've focused on Ontario family law for over 30 years. Every lawyer and law clerk on our team is devoted entirely to families like yours, with no competing practice areas pulling attention away from your case.

For more information and for answers to your specific custody-related questions, call (905) 581-7222. We serve Oakville, Mississauga, Vaughan, Markham, and all of Ontario.