Separation is challenging enough without adding a major move into the mix. Sometimes a parent needs, or wants, to relocate after separation, whether for work, family support, or a fresh start. But in British Columbia, when children are involved, moving isn’t just a personal choice, it’s a legal issue.
At Pathfinder Law, we help parents in Abbotsford, Langley, and across BC understand their rights and obligations when it comes to relocation. Here’s what you need to know before you start packing.
What Counts as a Relocation?
Under BC’s Family Law Act, a relocation is more than just changing apartments or moving across town. It refers to a change in a child’s residence that could have a significant effect on their relationship with one or both parents, or with other important people in their life.
For example:
- Moving to another city in BC
- Moving to another province or country
- Even moving within the same region, if it changes the child’s school, community, or parenting schedule significantly
If the move won’t affect the other parent’s time or relationship with the child, it may not count as a legal “relocation.” But it’s always best to check with a lawyer before deciding.
Notice Requirements
If you have an existing parenting order or written agreement, and you plan to move, the law requires that you give the other parent at least 60 days’ written notice.
The notice must include:
- The date of the move
- The new address
- Contact information after the move
It’s also wise to explain your reasons for moving and how you propose to adjust the parenting schedule. Even if you believe the other parent will agree, putting everything in writing is essential.
When Both Parents Agree
If both parents agree to the move, the process is much simpler. You can:
- Update your parenting agreement in writing
- Apply to the court to vary your existing order (if needed)
This ensures that your arrangement is legally recognized and enforceable.
When the Other Parent Objects
If the other parent doesn’t agree, they have 30 days after receiving notice to file an objection with the court. The court will then decide whether the relocation can happen.
The moving parent cannot go ahead with the move until the court gives permission.
How the Court Decides
When deciding relocation cases, BC courts focus on one central question: What is in the best interests of the child?
Key factors include:
- The child’s health and emotional well-being
- The strength of the child’s relationships with each parent
- The reasons for the move (especially if they’re tied to improving the child’s life)
- The impact on the child’s education, social connections, and stability
- The ability to maintain relationships with the non-moving parent
The court may also consider whether the moving parent has been the primary caregiver and how the proposed plan would work in practice.
The Burden of Proof
The burden of proof, meaning who must convince the court, depends on the current parenting arrangement:
- If the moving parent has the majority of parenting time: They must show the move is in good faith and in the child’s best interests.
- If parenting time is shared equally: The moving parent must show the move is in the child’s best interests, and the court will be more cautious about approving it.
Good Faith in Relocation
The law requires that relocations be made in good faith. This means:
- The move isn’t meant to limit the other parent’s relationship with the child
- The move is for a genuine reason, such as a better job, family support, or improved living conditions
- The new location has reasonable arrangements for the child’s needs
If the court finds the relocation is motivated by spite or an attempt to cut out the other parent, it will likely be denied.
Practical Steps if You’re Considering a Move
- Review your agreement or order
See what it says about relocation or changes in residence. - Give written notice
Use clear language, include all required details, and keep a copy. - Prepare a parenting plan
Show how the child will maintain a strong relationship with the other parent. - Document your reasons
Keep records of job offers, school information, or other evidence showing the benefits of the move. - Get legal advice early
Even if you think the move is straightforward, the law around relocation is complex.
If You’re Opposing a Move
If you believe the move would harm your relationship with your child or isn’t in their best interests:
- File your objection within 30 days
- Gather evidence about your involvement in your child’s life
- Show the negative impact the move could have on your child’s stability and well-being
Relocation and Enforcement
Once a relocation order is made; whether approving or denying the move, it is legally binding. Failing to follow it can lead to court penalties, including fines or changes to parenting arrangements.
Final Thoughts
Parental relocation after separation is one of the most sensitive issues in family law. Even when both parents have good intentions, the impact on the child can be significant.
At Pathfinder Law, we guide parents through the relocation process with clarity and care. Whether you’re seeking to move or opposing a move, our team will work to protect your rights while focusing on what’s best for your child.
If you’re facing a relocation issue, contact us today for a free 20-minute consultation.