How much notice do I have to give my ex if I move to a different city?
Quick Summary
Yes, you are required to give formal written notice at least 60 days before you move. Since you plan to move on September 1st, you must provide this notice to your ex-partner no later than early July.
The situation
I am currently living in Ontario and I have shared custody of my seven-year-old daughter with my former partner. We have a set schedule where she stays with me every second weekend. My employer has just offered me a wonderful new job opportunity in Vancouver, which would mean moving across the country. I am planning to sign the new lease and start the relocation on September 1st, which is about three months from now. I have already tried talking to my ex-partner informally about the move, but he became very angry and said he would never agree to it, so I don't think a friendly chat will work. I want to make sure I am doing everything properly so he cannot claim I am kidnapping the child or breaking any rules. I know I need to tell him my new address and how we will manage her visits, like through video calls or longer summer stays, but I am not sure exactly how many days in advance I am required to send him a formal written notice of my plan to move. Does the law require a specific amount of lead time before I pack up and go?
Detailed Analysis
Because you have parenting time (the scheduled time you spend with your daughter) and intend to move from Ontario to Vancouver, you must follow specific rules for relocation. Under the Divorce Act, a person who intends to relocate must "notify, at least 60 days before the expected date of the proposed relocation... any other person who has parenting time"[1]. This means you cannot simply move on September 1st without having sent a formal notice at least 60 days prior to that date.
Your notice cannot just be a casual conversation; it must be in a specific written form. The law requires that the notice "set out (a) the expected date of the relocation; (b) the address of the new place of residence and contact information... (c) a proposal as to how parenting time... could be exercised"[1]. In your case, this means you must include your new Vancouver address and a clear plan for how your daughter will maintain her relationship with her father, such as your ideas regarding video calls or extended summer visits.
Since your ex-partner has already expressed that he does not agree to the move, you should be aware that he has the right to object. If he receives your formal notice, he has 30 days to file an objection[2]. If he objects, you may need to go to court to get authorization to move. The court will then decide if the move is in the "best interests of the child".
It is uncertain whether your current custody order contains a specific clause that waives these notice requirements. If your existing order says no notice is required for a change in residence, then these rules might not apply to you[3].
State, provincial, or local laws may add further rules regarding family law and relocation; you should check your specific provincial regulations.
Statutory Citations
Legal Citation: Divorce Act § R.S.C., 1985, c. 3 (2nd Supp.), s. 16.9 — Notice
"A person who has parenting time or decision-making responsibility... who intends to undertake a relocation shall notify, at least 60 days before the expected date of the proposed relocation... any other person who has parenting time"View Official Legislation →
Legal Citation: Divorce Act § R.S.C., 1985, c. 3 (2nd Supp.), s. 16.9 — Notice
"The notice must set out (a) the expected date of the relocation; (b) the address of the new place of residence and contact information... (c) a proposal as to how parenting time... could be exercised"View Official Legislation →
Legal Citation: Divorce Act § R.S.C., 1985, c. 3 (2nd Supp.), s. 16.91 — Relocation authorized
"the following conditions are satisfied: (i) the person with parenting time... who has received a notice... does not object to the relocation within 30 days after the day on which the notice is received"View Official Legislation →
Legal Citation: Divorce Act § R.S.C., 1985, c. 3 (2nd Supp.), s. 35.6 — No notice
"is not required to give notice under either section 16.8 or 16.9 if a custody order to which they are a party specifies that no notice is required in respect of a change in the place of residence"View Official Legislation →
Important Legal Disclaimer
General legal information, not formal legal advice. The information provided on LawAsked does not constitute formal legal advice and creates no attorney-client relationship. If you require legal assistance, please consult a licensed attorney in your jurisdiction.
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