Notice of Relocation Regulations

Summary#

This is a proposed set of rules called the Notice of Relocation Regulations under the Divorce Act. Published by the Department of Justice on March 21, 2020, it sets out what information must be given when a parent or person with court-ordered contact plans to move; the public could comment until April 20, 2020.

What it does#

• Defines that “Act” means the Divorce Act for the purposes of these regulations.
• Prescribes the specific information that must be included in a relocation notice, including:
  • the name of the person who plans to move and any child who will move;
  • names of other children involved, current addresses and contact details;
  • the expected date of the move, the new address and contact details; and
  • a proposal for how parenting time, decision-making or contact would be exercised after the move.
• Creates three standard forms in a schedule:
  • Form 1 — Notice of Relocation (for the person planning to move);
  • Form 2 — Notice of Objection to Relocation (for someone who plans to object and must explain why); and
  • Form 3 — Notice — Persons with Contact (for people who have contact under a contact order and intend to change residence).
• Prescribes similar sets of information for people who receive a relocation notice and for people who have contact under a contact order.
• Says the regulations would 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 (S.C. 2019, c. 16) comes into force, or on the day they are registered if that is later.

Who's affected#

• Parents or guardians who plan to move with a child after separation or divorce.
• People who have parenting time, decision-making responsibility, or contact under a court order with a child.
• The other parent or anyone who must be notified and could object.
• Family law lawyers, mediators and judges who handle relocation disputes.
• The Department of Justice and courts that will use the standard forms and information.

If it is unclear who must use the forms in a specific situation, the regulations themselves or legal advice would be needed.

Why it matters#

• It tells separated families exactly what information must be shared when someone plans to move with a child.
• Standard forms can make notices clearer and reduce misunderstandings about who was told and what was proposed for parenting time.
• The rules could affect whether a proposed move leads to negotiation, objection, or a court dispute over parenting arrangements.
• These are proposed regulations (not final) and only take effect when the related Divorce Act amendments come into force. Comments were invited until April 20, 2020.