Whether it's a new job, a new relationship, or simply wanting a fresh start, relocating with children after separation is one of the most legally sensitive moves a parent can make in Alberta — and doing it without proper notice can seriously backfire.
What Counts as a "Relocation"
Under the Divorce Act, a relocation is generally a move that would have a significant impact on the child's relationship with the other parent or person with parenting time or contact — not just any move at all. A move across town may not trigger these rules; a move across the province, country, or further may well trigger them.
The Notice Requirement
A parent planning a relocation must generally provide the other parent (and anyone with a parenting or contact order) written notice, typically at least 60 days in advance, including the proposed date of the move, the new address, and how the relocation is expected to affect the child's relationship with the other parent.
Who Has to Prove What
The Divorce Act's 2021 amendments introduced specific burden-of-proof rules for relocation disputes:
- If the parents have substantially equal parenting time, the parent seeking to relocate generally must prove the move is in the child's best interests
- If the child spends the vast majority of time with the relocating parent, the parent opposing the move generally must prove the relocation is not in the child's best interests
- In other situations, both parents typically share the burden of demonstrating what's in the child's best interests
What the Court Considers
- The reasons for the proposed move
- The impact on the child's relationship with the non-relocating parent
- Whether a revised parenting arrangement could reasonably preserve that relationship
- The child's own views, where appropriate given their age and maturity
Frequently asked questions
Can I just move with my kids if my ex doesn't respond to my notice?
No — proceeding without proper consent or a court order, even after giving notice, can expose you to serious legal consequences, including a court order requiring the child's return.
Does this apply to moves within Calgary or just long-distance moves?
The relocation rules focus on moves with a significant impact on the child's relationship with the other parent, which is more about the practical effect than the exact distance — even a move within the province can trigger these provisions if it disrupts an existing arrangement significantly.
What if the other parent objects to my relocation?
If the other parent formally objects within the required time after receiving notice, the relocation generally cannot proceed until the matter is resolved by agreement or court order.
This article provides general information about the Divorce Act and Alberta family law and is not legal advice. Book a consultation with GSD Law Group before finalizing any relocation plans.
Contact GSD Law Group: Westwinds (403) 455-2151 · Savanna (403) 475-2157
