A Not So Simple Fresh Start
Divorce marks the end of one chapter and the beginning of another. For many parents, that new chapter includes the desire, or necessity, to relocate for a new job, a new partner, family support, or simply a change of scenery. In Québec, that desire collides with the fundamental legal reality that you cannot simply pack up and move with your child whenever you wish. Relocation law is triggered not only by international or interprovincial moves, but by any move, even within the same province, that would make the current parenting time arrangement impossible to maintain. In practice, a move of as little as 90 minutes to two hours can be enough.
The relocation framework is designed to balance two competing rights: a parent’s constitutional right to freedom of movement, and the child’s right to have decisions made in their best interest.
Can I Move? Two Paths
Path 1: Consent. If both parents agree, the move can proceed with a written consent agreement. The agreement should clearly set out the new custody and access arrangements, including how parenting time will be exercised under the new arrangement, communication schedules, and how travel costs will be paid. Each parent should have a lawyer draft and/or review this agreement to ensure it is enforceable and protects the parties and the children’s rights.
Path 2: Court Authorization. If the other parent refuses, you must apply to the court for authorization to relocate. The court will not rubber-stamp your request. In all likelihood, a trial will be held in order for each parent to make their case. Moving without authorization exposes you to serious legal consequences, including an order to return the child to Québec.
What Judges Look At: The Divorce Act Criteria
Since the 2021 amendments to the Divorce Act, Quebec courts apply a specific framework when evaluating relocation requests. The best interests of the child remain the paramount consideration, but judges weigh concrete factors, including:
- The reasons for the proposed move;
- The impact of the move on the child’s relationship with the other parent;
- The child’s existing ties to their community, school, and extended family;
- Each parent’s willingness to support the child’s relationship with the other parent;
- Any existing court orders and whether the move is consistent with them.
There is no presumption in favour of or against relocation as each case turns on its own facts. A well-prepared application, supported by a concrete parenting plan for post-relocation life, makes a significant difference.
Parental Authority Doesn’t End With The Move
Relocation does not dissolve the other parent’s rights. Parental authority which encompasses decisions about the child’s education, health, and religious upbringing, continues to be exercised jointly barring an agreement or Court order which states otherwise. This means that even at a distance, major decisions require the consent of both parents. Courts also expect the relocating parent to actively facilitate the other parent’s access, whether through regular visits, extended school-break stays, or virtual communication. A relocation plan that treats the non-moving parent as an afterthought is generally not viewed favourably.
How We Can Help
Whether you are considering a move or trying to prevent one, navigating relocation law requires careful legal strategy. Our family law team advises parents at every stage of this process, from negotiating consent agreements to litigating contested relocation applications before the courts. Contact us to discuss your situation in confidence.
