Relocation notice rules for parents

Summary#

The Notice of Relocation Regulations: SOR/2020-249 set out what information people must provide when they give or respond to a relocation notice under the Divorce Act. The regulations were registered on November 23, 2020 and published in the Canada Gazette on December 9, 2020. They come into force when section 12 of An Act to amend the Divorce Act, the Family Orders and Agreements Enforcement Assistance Act and the Garnishment, Attachment and Pension Diversion Act (2019) comes into force — a date that is not specified in this notice.

What it does#

• Creates standard forms and lists the specific pieces of information required when someone:
  • gives notice that they intend to relocate with a child (see Form 1), or
  • objects to someone else’s relocation (see Form 2), or
  • has contact under a contact order and plans to change residence (see Form 3).
• Requires the person giving notice to include basic ID and contact details, and details about the children and other people with parenting time, decision-making responsibility, or contact under an order.
• Requires the notice to include the expected date of the move, the new address and contact information, and a proposal for how parenting time, decision-making or contact could be handled after the move.
• Requires an objection to state the objector’s contact details, the reasons for objecting, and their views on the relocation proposal.

Who's affected#

• Parents and former partners who share parenting time or decision-making for a child under the Divorce Act.
• People who have a formal contact order with a child and plan to move.
• Family-law lawyers and judges who handle relocation disputes.
• Anyone named in parenting or contact orders who may receive or respond to a relocation notice.

Why it matters#

• It makes clear, in one place, what specific information must be included in a relocation notice or objection. That can reduce misunderstandings and missing details when parents tell each other about moves.
• The required “proposal” for how parenting time or contact could work after the move forces the person moving to suggest practical arrangements, which can help negotiations or court decisions.
• Because the rules only take effect when the related amendment to the Divorce Act (the 2019 amendment) comes into force, there is uncertainty about the exact start date. Parents and lawyers should watch for that trigger before assuming these forms are required.