Moving with your child to another city or country: Ontario notice rules and how the court decides

If the move is likely to have a significant impact on your child's relationship with the other parent, it is a relocation: you must give written notice at least 60 days ahead, with a proposal for parenting time. The other parent has 30 days to object, and if they do, the child cannot move until a court allows it. The court decides on the child's best interests and a list of relocation factors, and the current schedule decides who has to prove what.

This guide is about a permanent move: to another city, another province or another country, including Iran. A holiday or a family visit abroad raises different questions, covered in whether a parent can take your child abroad without consent. For how parenting arrangements are decided in general, see our page on parenting decision-making in Ontario.

Which law applies: the Divorce Act or the Children's Law Reform Act?

Two statutes carry almost identical relocation rules. The federal Divorce Act (sections 16.7 to 16.96) applies to a child of the marriage where the parenting order comes under that Act. Ontario's Children's Law Reform Act (sections 39.1 to 39.4) applies to other parenting orders, for example between parents who never married, or married parents whose case is not a divorce. Both use the same 60-day notice and 30-day objection periods, the same additional factors and the same burden-of-proof rules.

There is a form for each. The Department of Justice publishes a Notice of Relocation form and an Objection to Relocation form for the Divorce Act, and its instructions say the notice rules apply when you have a court order under the Divorce Act for parenting responsibilities. The Ministry of the Attorney General's court forms site lists a Children's Law Reform Act "Notice of Relocation Form, Person with a Parenting Order" (effective March 1, 2021). Under the Ontario Act, notice must be in the prescribed form or, if no form is prescribed, in writing with the required content (s. 39.3(2)).

Is your move a relocation or only a change of residence?

Distance is not the test. Both Acts define a relocation as a change in residence of the child, or of a person with parenting time or decision-making responsibility, that is likely to have a significant impact on the child's relationship with another person who has parenting time or decision-making responsibility (or a pending application for a parenting order), or with a person who has contact under a contact order (Divorce Act, s. 2(1); Children's Law Reform Act, s. 18(1)). The Justice Canada form instructions put it plainly: a relocation generally means the parenting time schedule will no longer work because of the move.

A move that is not a relocation still needs notice, but a simpler one: in writing, with the expected date, the new address and contact information (Divorce Act, s. 16.8; Children's Law Reform Act, s. 39.1). The Acts set no 60-day minimum for that notice and no objection process. A move from North York to Thornhill may be an ordinary change of residence for one family and a relocation for another, depending on the schedule and the school run.

How does a relocation work, step by step?

The notice must give the expected date, the new address and contact information, and a proposal for how parenting time, decision-making responsibility or contact could work after the move (Divorce Act, s. 16.9(2); CLRA, s. 39.3(2)). An objection must say that the person objects, why, and what they think of the proposal (Divorce Act, s. 16.91(2); CLRA, s. 39.3(6)). Justice Canada's instructions add that a person with only a contact order cannot object to the child's relocation, and that a parent who relocates without the child must still give the same notice, although no one can object to that move.

Justice Canada also stresses proof of delivery: keep evidence of when the notice was received, because the 30 days run from receipt and a judge will want to see that every notice requirement was met. Notice can be given by email, mail or courier, in person, or through a process server.

When parents cannot agree, the court route depends on what already exists. Under the Divorce Act, a relocation is deemed to be a change in the child's circumstances for a variation of an existing parenting order (s. 17(5.2)). Where the move is urgent, for example a parent threatening to leave before a decision, read when you can go to family court urgently. In Toronto, which courthouse hears the case is explained in which Toronto family court handles your case.

How does the court decide whether the child can move?

First, the child's best interests, which are the only consideration in a parenting order. The court must give primary consideration to the child's physical, emotional and psychological safety, security and well-being, and weigh the listed factors, including the child's need for stability, the history of care, each parent's willingness to support the child's relationship with the other, the child's views and preferences, and the child's cultural, linguistic, religious and spiritual upbringing (Divorce Act, s. 16; Children's Law Reform Act, s. 24). How a child's views are put before the court is explained in what the Office of the Children's Lawyer does.

Then the relocation factors, which both Acts list in the same words (Divorce Act, s. 16.92(1); CLRA, s. 39.4(3)):

• the reasons for the relocation;
• the impact of the relocation on the child;
• the time each person spends with the child and how involved each is in the child's life;
• whether the parent who wants to move gave the required notice;
• any order, arbitral award or agreement that says where the child is to live;
• how reasonable the moving parent's proposal is, including the location of the new home and the travel expenses; and
• whether each person has complied with their obligations under orders and agreements, and how likely they are to comply in future.

One question the court must not ask: if the move were refused, would the parent move anyway without the child, or stay (Divorce Act, s. 16.92(2); CLRA, s. 39.4(4))? If the move is allowed, the court may divide the costs of parenting time between the parent who moves and the parent who stays (s. 16.95; s. 39.4(9)).

Who has to prove what?

• Substantially equal time. If the parents substantially comply with an order, arbitral award or agreement giving substantially equal time, the parent who wants to move must prove the move is in the child's best interests (Divorce Act, s. 16.93(1); CLRA, s. 39.4(5)).
• The vast majority of time with the moving parent. If the parents substantially comply with an arrangement under which the child spends the vast majority of time with the parent who wants to move, the parent who objects must prove the move is not in the child's best interests (s. 16.93(2); s. 39.4(6)).
• Every other case. Both parents carry the burden of proving whether the relocation is in the child's best interests (s. 16.93(3); s. 39.4(7)).
• Interim orders. If the arrangement is only an interim order, the court may decide not to apply the first two rules (s. 16.94; s. 39.4(8)).

That is why the actual schedule matters as much as the order on paper. If you have drifted away from the order, the "substantially comply" test may not be met. Our page on parenting time in Ontario explains how schedules are set.

What is different when the move is to Iran?

The Ontario rules are the same, but the facts a court weighs are not. The Government of Canada's travel advice for Iran (last updated October 13, 2026) currently says to avoid all travel to Iran. It states that the Hague Convention on child abduction does not apply between Canada and Iran, that Iran does not automatically recognize the orders of Canadian courts in family matters, and that children of a male Iranian national, including Canadian-Iranian children, are in the sole custody of their father and need his permission to leave Iran. These points bear directly on the impact of the move on the child and on how realistic a proposal for parenting time from abroad is. This guide covers Ontario and Canadian law only, not Iranian law.

A parenting order made later in Iran does not apply here automatically; see whether a custody order from Iran counts in Ontario. Families weighing these questions in Persian can start with our guide for Persian-speaking families in Toronto.

What changes the answer?

• Whether the move is a relocation at all. Only a move likely to have a significant impact on the child's relationships triggers the 60-day notice and objection rules (Divorce Act, s. 2(1); CLRA, s. 18(1)).
• Which Act governs your order. Divorce Act orders follow ss. 16.9 to 16.96; other orders follow CLRA ss. 39.1 to 39.4.
• The current parenting arrangement. It decides who carries the burden of proof (s. 16.93; s. 39.4(5) to (7)).
• Family violence. A court can remove or change the notice requirements, and the application can be made without notice (s. 16.9(3) and (4); s. 39.3(3) and (4)). See how family violence affects parenting decisions.
• An existing order or agreement on where the child lives. It is a listed factor, and an order prohibiting the move stops a move even without an objection (s. 16.91(1)(b)(ii); s. 39.4(2)(b)).
• Compliance with the notice rules. Whether the moving parent gave proper notice is itself a factor (s. 16.92(1)(d); s. 39.4(3)(d)).

A worked example

For example, imagine Nasrin and Reza, divorced, with a nine-year-old daughter in Vaughan. Their Divorce Act order gives Nasrin most of the time and Reza alternate weekends, and they have followed it for three years. Nasrin's parents in Shiraz are unwell, and she wants to move there with their daughter. She fills in the Notice of Relocation form, proposes long summer visits in Canada and video calls, and sends it to Reza by courier with tracking 75 days before the planned date. Reza sends an Objection to Relocation form 20 days after receiving it. Nasrin cannot move with the child now; she brings a motion to change the parenting order, relying on the deemed change in circumstances in s. 17(5.2). Because the parties have substantially complied with an order giving Nasrin the vast majority of the time, Reza would carry the burden of proving the move is not in their daughter's best interests. The court would still weigh every factor, including the travel advice, whether summer visits are realistic, and the evidence about the child leaving Iran. In York Region, the case would be heard at the family court in Newmarket. This is a hypothetical walk-through, not a prediction of any result.

What mistakes do parents make?

1. Moving first and dealing with the paperwork later. Compliance with the notice rules is a factor the court must consider.
2. Giving notice by text message without the required content. The notice must include the date, address, contact information and a proposal for parenting time.
3. Assuming a short distance means no notice. The test is impact on the child's relationships, not kilometres.
4. Objecting by phone, or after 30 days. An objection must be in the form or in writing, or by a court application, within 30 days of receiving the notice.
5. Treating silence as permission when an order prohibits the move. An order prohibiting relocation still applies.
6. Not keeping proof of delivery. The 30 days run from receipt.

What to do this week

1. Find your current parenting order or agreement and check whether it was made under the Divorce Act or the Children's Law Reform Act.
2. Write down the schedule you actually follow, month by month, for the last year.
3. If you plan to move, draft a realistic proposal for parenting time, travel and costs.
4. If you received a notice, note the date you received it and count 30 days.
5. Collect evidence about the new city: school, housing and travel.
6. Check the time limits in the deadlines in an Ontario family case.

Frequently asked questions

Do I need to give notice if I move within Toronto?

Yes, but if the move is not a relocation, the simpler written notice of a change of residence is enough: the date, the new address and contact information (Divorce Act, s. 16.8; CLRA, s. 39.1). The 60-day rule applies only to a relocation.

Can a grandparent with a contact order object to the move?

No. Justice Canada's instructions say a person with a contact order cannot object to the child's relocation, although they are entitled to receive the notice.

What if I am afraid to give the other parent my new address?

A court can, on application, say the notice rules do not apply or change them, including where there is a risk of family violence, and the application can be made without notice (Divorce Act, s. 16.9(3) and (4); CLRA, s. 39.3(3) and (4)).

Who pays the travel costs after a move?

If the court authorizes the relocation, it may divide the costs of exercising parenting time between the parent who moves and the one who stays (Divorce Act, s. 16.95; CLRA, s. 39.4(9)).

What if the other parent is the one moving away, without the child?

They still have to give the same notice, but under Justice Canada's instructions no one can object to a relocation that does not move the child. The parenting schedule may still need to change.

Does the court ask whether I would move without my child?

No. The court must not consider whether the parent would relocate without the child, or stay, if the move were prohibited (Divorce Act, s. 16.92(2); CLRA, s. 39.4(4)).

Related questions

If you are worried the other parent may take the child out of Ontario before a court decides, the protective orders and passport steps are in what an Ontario court can order about travel and passports.

Sarbazevatan Law acts for parents on relocation and parenting cases, in English and Persian (Farsi). Call +1 (416) 628-2041 or reach us through the contact page.