Divorce brings many changes, and sometimes those changes include the need or desire to relocate. Whether it’s for a new job opportunity, to be closer to family, or to start fresh in a new community, moving after divorce can be complicated—especially when children are involved. In Alberta, specific laws govern when and how a parent can relocate with their children, and understanding these rules is crucial for both parents.
What Constitutes Relocation in Alberta?
Under Alberta’s Family Law Act, relocation is defined as a change in residence that would significantly impact a child’s relationship with the other parent or significantly impact the exercise of parenting time or parental responsibilities. This isn’t limited to moves across provinces—even moving to a different neighborhood within the same city could constitute relocation if it substantially affects the existing parenting arrangement.
The key factors that determine whether a move constitutes relocation include:
Distance and travel time between the old and new residences, considering how this affects the other parent’s ability to maintain their relationship with the child.
Impact on the parenting schedule, including whether current arrangements for parenting time, decision-making, or day-to-day care would need to change significantly.
Practical considerations such as the child’s school, extracurricular activities, and social connections that might be disrupted.
Notice Requirements: The 60-Day Rule
If you’re planning to relocate with your children, Alberta law requires you to provide written notice to the other parent at least 60 days before the intended move. This notice period is designed to give both parents time to discuss the proposed relocation and, if necessary, seek legal resolution before the move occurs.
The written notice must include specific information:
- The proposed date of relocation
- The new address (or as much detail as possible if the exact address isn’t yet known)
- Reasons for the proposed relocation
- A proposal for how parenting time and responsibilities will be maintained after the move
What if you can’t provide 60 days notice? In emergency situations or when circumstances beyond your control make 60 days notice impossible, you must provide notice as soon as reasonably possible and explain why you couldn’t meet the 60-day requirement.
When Court Permission is Required
Not all relocations require court approval. If the other parent consents to the move in writing, you may proceed without involving the courts. However, if the other parent objects or doesn’t respond to your notice, you’ll need to apply to the court for permission to relocate.
The court will consider several factors when deciding whether to allow a relocation:
The Best Interests of the Child Standard
Alberta courts always prioritize the best interests of the child when making relocation decisions. This comprehensive test considers multiple factors:
The child’s physical, emotional, and psychological safety and well-being, including how the move might affect their stability and security.
The benefit of maintaining relationships with both parents and other important people in the child’s life, such as grandparents or close family friends.
The child’s views and preferences, particularly for older children who can express their wishes, though the court will weigh these against the child’s maturity and understanding.
The Relocating Parent’s Reasons
Courts examine the motivations behind the proposed move. Legitimate reasons that courts typically view favorably include:
- Employment opportunities that would improve the family’s financial situation
- Educational opportunities for the parent or child
- Family support such as moving closer to extended family who can provide practical and emotional support
- Health reasons including access to specialized medical care
- Escape from family violence or other safety concerns
- Housing opportunities that would provide better living conditions for the child
Courts are less sympathetic to relocations that appear motivated by a desire to interfere with the other parent’s relationship with the child or that seem vindictive in nature.
Impact on the Other Parent’s Relationship
The court will carefully consider how the relocation would affect the non-relocating parent’s ability to maintain a meaningful relationship with the child. Factors include:
- The current level of involvement and the quality of the relationship
- The other parent’s ability to relocate to maintain proximity
- Whether technology and travel can reasonably maintain the relationship
- The financial impact of maintaining long-distance parenting time
Proposed Arrangements for Ongoing Contact
When applying for relocation, you must present a detailed plan for how the child will maintain their relationship with the other parent. This might include:
- Modified parenting schedules that account for distance
- Extended holiday and summer vacation time
- Use of technology for regular communication
- Financial arrangements for travel costs
- Specific pickup and drop-off arrangements
The Legal Process for Contested Relocations
When relocation is contested, the legal process typically follows these steps:
1. Filing the Application
The relocating parent files an application with the Court of King’s Bench, providing detailed information about the proposed move and the arrangements for ongoing parenting.
2. Temporary Orders
In some cases, the court may issue temporary orders allowing or preventing the relocation until a final decision is made, particularly if the proposed move date is approaching.
3. Evidence Gathering
Both parents will need to provide evidence supporting their positions. This might include:
- Employment documentation
- Housing information
- School reports and assessments
- Expert reports (such as parenting assessments or child psychology evaluations)
- Financial information
4. Court Hearing
If the matter can’t be resolved through negotiation or mediation, it will proceed to a court hearing where both sides present their cases.
Special Considerations for International Relocations
Moving outside Canada adds additional complexity to relocation cases. Courts are generally more cautious about international relocations due to:
- Enforcement challenges if the other parent needs to pursue custody or access rights in another country
- Jurisdictional issues and the complexity of international family law
- Practical barriers such as travel costs and visa requirements that might affect the child’s ability to maintain relationships
- Cultural and language differences that might impact the child
If you’re considering an international relocation, you’ll likely need to provide additional assurances, such as:
- Agreements to return the child for parenting time
- Bonds or other financial security
- Undertakings regarding the child’s passport and travel documents
What Happens If You Move Without Permission?
Relocating without following proper legal procedures can have serious consequences:
- Court orders requiring your immediate return with the child
- Changes to custody arrangements potentially reducing your parenting time
- Contempt of court charges if you violate existing court orders
- Criminal charges in extreme cases, potentially including parental abduction charges
- Financial consequences including paying the other parent’s legal costs and travel expenses
Practical Steps for Parents Considering Relocation
If You Want to Relocate:
Start planning early. Begin the legal process as soon as you’re seriously considering a move, even if your plans aren’t finalized.
Document your reasons. Keep records of job offers, housing information, or other factors motivating your decision.
Develop a comprehensive parenting plan. Show the court you’ve thoughtfully considered how to maintain the child’s relationship with the other parent.
Consider mediation. Sometimes a neutral third party can help parents reach an agreement without going to court.
Consult with a family lawyer early in the process to understand your rights and obligations.
If Your Ex-Partner Wants to Relocate:
Respond promptly to any relocation notice you receive.
Consider the proposal carefully. Focus on your child’s best interests rather than your own convenience or emotions.
Propose alternatives if you have concerns about the relocation plan.
Seek legal advice to understand your options for opposing or modifying the relocation.
Document your relationship with your child to show the court the value of maintaining proximity.
Tips for Successful Relocation Applications
Be transparent and honest about your motivations and circumstances. Courts appreciate candor and are more likely to trust parents who are forthright.
Focus on the children’s needs rather than your own desires. Frame your arguments around how the move benefits your children.
Present realistic solutions for maintaining the other parent’s relationship with the children. Vague promises won’t satisfy the court.
Consider timing carefully. If possible, plan moves to coincide with natural transition points like the end of a school year.
Be prepared for compromise. You might need to adjust your timeline, destination, or parenting arrangements to address the court’s concerns.
The Role of Legal Representation
Relocation cases are among the most complex in family law, involving detailed legal analysis and often requiring extensive evidence. Having experienced legal representation is crucial because:
- Family lawyers understand the specific factors courts consider in relocation cases
- Legal counsel can help you prepare a strong application or response
- Lawyers can negotiate with the other party to potentially avoid court proceedings
- Professional representation ensures you meet all procedural requirements and deadlines
Moving Forward: Creating Stability After Relocation
Whether relocation is approved or denied, both parents must focus on creating stability for their children. This might involve:
- Adjusting expectations and parenting schedules to new realities
- Using technology creatively to maintain connections across distances
- Being flexible as children adjust to new arrangements
- Seeking counseling or support for children struggling with major changes
- Continuing to communicate respectfully with the other parent despite geographical challenges
Conclusion
Relocation after divorce is rarely simple, but understanding Alberta’s legal framework can help you navigate the process more effectively. Whether you’re considering a move or responding to your ex-partner’s relocation plans, remember that courts prioritize children’s best interests above all else.
The key to successful relocation cases is thorough preparation, honest communication, and a genuine focus on what’s best for your children. While the legal process can be stressful, working with experienced family law counsel can help ensure that your rights are protected and your children’s needs remain the top priority.
Don’t let relocation laws overwhelm you during an already challenging time. Whether you need to move for legitimate reasons or want to protect your relationship with your children, we’re here to guide you through every step of the legal process.
Contact us today for a consultation:
- Phone: 780-809-3545
- Email: reception@kurielaw.ca
- Address: 184 Chippewa Road, Sherwood Park, AB T8A 4H5
