Introduction
Following a separation, it is common for one parent to want a fresh start in a new city or province. However, when children are involved, moving away is rarely a simple process. Under British Columbia law, parents cannot simply pack up and move with their children if the move will affect the other parent's relationship with the child. The BC Family Law Act sets out strict rules and procedures that must be followed before a parent can relocate. Navigating these rules requires careful planning and a clear understanding of your legal obligations.
What Qualifies as a Relocation
In British Columbia, not every move is considered a relocation under the Family Law Act. A move is legally defined as a relocation if it has a significant impact on the child's relationship with a guardian or a person who has parenting time. Moving to a different neighborhood within the same school catchment area may not trigger the rules. However, moving to a different city or province almost certainly will. If there is any doubt about whether a proposed move qualifies, it is safer to treat it as a relocation and follow the statutory requirements.
The Notice Requirement
If you are planning a move that qualifies as a relocation, the Family Law Act requires you to provide written notice to all other guardians and individuals who have contact or parenting time. This notice must be given at least 60 days before the expected date of the move.
The written notice must formally include the date of the proposed move, the name of the proposed new location, and a proposal for how parenting time will be arranged after the move. Providing this notice is a strict legal requirement. Failing to do so can result in a court ordering the immediate return of the child.
Objecting to a Proposed Move
Once a parent receives a formal notice of relocation, they have 30 days to formally object. To prevent the move, the objecting parent must file an application in court. If no application is filed within those 30 days, the relocating parent is generally permitted to move with the child on or after the date specified in the notice.
If an objection is filed, the move is paused, and the court will determine whether the relocation will be allowed. Ignoring a relocation notice will result in the loss of the right to object.
How the Court Decides
When a relocation dispute ends up in court, the judge will analyze the situation based on several factors outlined in the Family Law Act. The overriding consideration is always the best interests of the child. The court will also look closely at whether the proposed move is being made in good faith.
The Good Faith Test
To prove good faith, the relocating parent must show they have legitimate reasons for the move. Common examples include securing a new employment opportunity or moving closer to extended family for support. The court will also assess whether the relocating parent has proposed reasonable and workable arrangements to preserve the child's relationship with the other parent. A move designed to deny the other parent access to the child will not meet the good faith requirement.
The Best Interests of the Child
Even if a move is made in good faith, it must still be in the child's best interests. The court will consider the child's views if they are of an appropriate age and maturity, the stability of the child's current environment, and the potential impact of the move on their emotional well-being. The judge will weigh the benefits of the new location against the disruption to the child's relationship with the parent left behind.
Practical Advice for Parents
Whether you are the parent wishing to move or the parent facing a relocation notice, early action is essential. If you want to relocate, start planning well in advance of the 60-day notice period. Develop a comprehensive parenting plan that shows how you will facilitate travel and communication, such as video calls and holiday visits.
If you are the parent receiving the notice, do not delay. Consult with a legal professional immediately to ensure your objection is filed within the strict deadline. Keep all communication regarding the move in writing and focus entirely on how the move affects the child.
Conclusion
Relocation cases are among the most complex areas of family law in British Columbia. Because the stakes are high and the rules are rigid, navigating the Family Law Act without guidance can lead to severe consequences. Seeking advice from a qualified BC family lawyer early in the process is the best way to protect your rights and ensure the well-being of your children.