Child Relocation in British Columbia: What the Law Requires (and How Courts Decide)

When parents separate, life doesn’t stand still. New jobs, new relationships, extended-family support, housing costs, and school opportunities can all create pressure to move. But if a move would significantly affect a child’s relationship with the other parent, or another important person in the child’s life, the law treats it as more than an ordinary change of address. That’s where “relocation” comes in.

Relocation cases are highly fact-specific. If you’re facing a proposed move or you’ve received a relocation notice, consider getting legal advice tailored to your situation.

What counts as a “relocation”?

Under the federal Divorce Act

A “relocation” is a change in the residence of a child (or a person with parenting time or decision-making responsibility) that is likely to have a significant impact on the child’s relationship with certain people, such as a parent with parenting time or decision-making responsibility, or someone with contact under a contact order.

If a move does not meet that “significant impact” threshold, it may be treated instead as a “change in place of residence,” which has its own notice requirement.

In practice, whether a move is a relocation often turns on its real-world effect on parenting time and the child’s relationships, especially where distance and travel make the existing schedule difficult or impossible to maintain.

Under BC’s Family Law Act (FLA)

BC’s Family Law Act defines “relocation” as a change in the residence of a child or guardian that can reasonably be expected to have a significant impact on the child’s relationship with another guardian, or with another person who has a significant role in the child’s life.

Courts typically look at practical realities such as distance, travel time, and whether the move is within the same metropolitan area, because those factors often determine whether relationships can be maintained in a meaningful way.

Step 1: Notice — you usually must give written notice well in advance

Divorce Act: Relocation notice (60 days)

If a person with parenting time or decision-making responsibility intends to relocate, they generally must give at least 60 days’ written notice, in the prescribed form, to others who have parenting time, decision-making responsibility, or contact under a contact order.

The notice must include:

• the expected date of the relocation;
• the new address and contact information; and
• a proposal for how parenting time, decision-making responsibility, or contact could be exercised after the move.

Courts can modify or waive notice requirements in appropriate cases, including where there is a risk of family violence.

Family Law Act: Relocation notice (60 days)

Under BC’s Family Law Act, a relocating guardian must generally give at least 60 days’ written notice of the relocation date and the proposed location to other guardians and to people who have court-ordered contact.

The court may excuse notice (fully or partially) in certain circumstances, for example, where giving notice would create a risk of family violence, or where there is no ongoing relationship between the child and the other guardian or contact person.

Don’t treat relocation notice as a casual “heads-up.” It’s a formal legal step that can trigger strict timelines for the other parent to respond.

Step 2: Objection — the other parent/guardian must respond promptly

Divorce Act: objection within 30 days

If the person receiving notice does not object within the required timeframe (within 30 days), and there is no court order prohibiting relocation, the relocating parent may be able to proceed as of the date set out in the notice.

Family Law Act: apply to oppose within 30 days

BC’s scheme is similar: if the responding party does not apply to oppose within 30 days of receiving notice, the relocating guardian may relocate.

Step 3: If the move is disputed, the court decides based on the child’s best interests

When relocation is contested, the court decides what is in the child’s best interests. The analysis is child-focused and fact-specific, but the legislation highlights additional relocation considerations.

Common relocation-specific factors include:

• the reasons for the relocation;
• the impact of the move on the child;
• the amount of time each parent has spent with the child and their level of involvement;
• whether applicable notice requirements were followed;
• whether there is an order or agreement setting a geographic area for the child to live;
• the reasonableness of the relocating parent’s proposal for parenting time/contact after the move (including travel logistics and expenses); and
• each person’s past compliance with family law obligations and the likelihood of future compliance.

Under BC’s Family Law Act, courts also pay particular attention to whether the move is proposed in good faith and whether reasonable, workable arrangements have been proposed to preserve the child’s important relationships.

Burden of proof: who has to prove what?

Divorce Act: the burden depends on the parenting arrangement

The Divorce Act sets out different “pathways” for who must prove what, depending on the existing parenting arrangement and whether the parties are substantially complying with an order, agreement, or arbitral award.

1. If the child spends substantially equal time in the care of each parent, the relocating parent must prove the relocation is in the child’s best interests.
2. If the child spends the vast majority of time in the care of the relocating parent, the objecting parent must prove the relocation is not in the child’s best interests.
3. In other cases, both parties bear the burden of proving whether relocation is in the child’s best interests.

Where relocation is permitted, courts can address the apportionment of travel costs for the non-moving parent’s parenting time.

Family Law Act: structured presumptions linked to parenting time

BC’s Family Law Act distinguishes between cases where there is a written agreement or court order already in place and cases where there is not. The analysis can also depend on whether parenting time is substantially equal.

In general terms:

• If parenting time is substantially equal, the relocating guardian must prove relocation is in the child’s best interests.
• If parenting time is not substantially equal, the relocating guardian must first show good faith and reasonable arrangements; if those are established, relocation is treated as being in the child’s best interests unless the other guardian proves otherwise.

BC courts have often treated “substantially equal” as roughly 40% or more parenting time (a threshold that appears in shared-parenting child support analyses).

The “double bind” — what courts are not allowed to weigh

Relocation disputes often invite a loaded question: “Will you move anyway if the child can’t come?”

Both the federal Divorce Act and BC’s Family Law Act direct courts not to consider that question (or the parent’s answer) when deciding whether to authorize relocation.

The goal is to keep the focus where it belongs: on the child’s best interests, rather than punishing a parent for an impossible choice.

Takeways

• “Relocation” is a move that is expected to significantly affect a child’s relationship with another parent/guardian (or someone with court‑ordered contact).
• Both the federal Divorce Act and BC’s Family Law Act have relocation rules. Which one applies can depend on your circumstances and the court process you’re in.
• Relocation typically requires written notice well in advance (often 60 days).
• If the other parent objects, strict response timelines may apply (often 30 days).
• If the issue goes to court, the decision turns on the child’s best interests, plus relocation‑specific factors.
• Courts generally do not decide relocation based on whether the moving parent would relocate without the child (the “double bind”).

Need help with a relocation plan or dispute?

Relocation cases can move quickly because notice and objection deadlines are strict. If you’re considering a move or you’ve received a relocation notice getting advice early can help you understand your options and prepare a realistic parenting proposal that addresses the child’s needs and the practical realities of travel.