After divorce I want to move with my child to Vancouver — my ex does not agree. Can I just move?
No. If the other parent does not agree, you cannot simply relocate with the child. Ontario and federal relocation rules require formal written notice and, if there is no agreement, a court determination based on the child's best interests. Moving without consent or a court order can carry serious legal consequences.
Key Points
No. If the other parent does not agree, you should not relocate with the child without following the statutory relocation process and, if necessary, obtaining a court order.
In short: without the other parent's agreement or a court order, unilateral relocation can be unlawful and can seriously harm your position on parenting time and decision-making.
Detailed Answer
Ontario 《Children Law Reform Act》 and the 《Divorce Act》 relocation framework require advance written notice of a proposed move (a Notice of Relocation in many cases). The other parent has a legislated window to respond with objections and reasons.
If there is no timely response, the law may treat the situation as consent in limited circumstances — but a clear objection means the dispute must go before a judge. Courts decide whether the relocation is permitted based primarily on the best interests of the child.
Judges typically weigh the child's schooling and community ties, the feasibility of preserving a meaningful relationship with the non-moving parent, travel and contact costs, and whether the moving parent's reasons are adequate and good-faith (for example employment or family support).
Relocating without consent or a court order can expose you to urgent motions, enforcement issues, and serious credibility problems in parenting litigation — in extreme cases it can undermine your parenting case.
Plan early. Contact Miao He at 647-930-6688 to understand timelines, notice requirements, and how to present (or respond to) a relocation application.
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