We have a Final Parenting Agreement, but now I want to move to another city with the children. Can I do that?
Life after divorce often brings changes, and sometimes these changes may involve a need to relocate. However, if you have a final parenting agreement in place, moving to another city with your children isn’t as simple as packing up and leaving. Relocation can have significant implications for parenting arrangements, and Ontario law requires that such moves are handled carefully and in the best interests of the child.
This guide will explain what steps you need to take if you’re divorced and considering a move with your children.
Can You Move If There’s a Final Parenting Agreement?
A final parenting agreement is legally binding and sets out specific arrangements for parenting time, decision-making responsibilities, and access. Any relocation that could disrupt these arrangements typically requires the consent of the other parent or a court order.
Steps to Take Before Relocating
1. Review Your Parenting Agreement or Court Order. Carefully examine the terms of your agreement to understand any restrictions or requirements regarding relocation. Some agreements may already include provisions for handling potential moves.
2. Provide Written Notice. Under Ontario’s Divorce Act, you are required to provide written notice to the other parent if you plan to relocate. The notice must include:
The proposed relocation date.
The new address.
A plan outlining how parenting arrangements will continue after the move.
3. Seek the Other Parent’s Consent. Openly discuss your reasons for the move and propose solutions to maintain the other parent’s relationship with the child. This could include extended visits, virtual communication, or financial assistance for travel. If the other parent agrees, the parenting agreement can be updated with mutual consent.
4. Apply to the Court If Necessary. If the other parent does not agree, you must apply to the court for permission to relocate. The court will evaluate whether the move aligns with the best interests of the child.
What the Court Considers in Relocation Cases
Ontario courts use the best interests of the child as the guiding principle in relocation cases. Key factors include:
The child’s needs and well-being: How will the move affect the child’s emotional, social, and educational development?
The relationship with the non-relocating parent: Will the move disrupt the child’s ability to maintain meaningful contact with the other parent?
The relocating parent’s reasons: Is the move motivated by genuine opportunities (e.g., a better job, closer proximity to family support) or by an attempt to limit the other parent’s access?
Proposed parenting arrangements: How will the new plan support the child’s connection with both parents?
The child’s wishes: If the child is mature enough to express their preferences, their opinion may carry weight in the decision.
What Happens If the Court Denies Relocation?
If the court determines that the move is not in the child’s best interests, you will be required to stay in your current location or make alternative arrangements. This could include:
Adjusting your plans to align with the court’s requirements.
Exploring job opportunities or housing options within your current city.
Negotiating with the other parent to find a compromise.
Strengthening Your Case for Relocation
1. Prepare a Detailed Parenting Plan
Include specific provisions for how the child will maintain contact with the non-relocating parent, such as:
Virtual visits (e.g., video calls).
Extended parenting time during holidays or school breaks.
Travel arrangements and cost-sharing agreements.
2. Demonstrate Benefits of the Move
Provide evidence of how the move will improve the child’s quality of life, such as better education opportunities, a safer environment, or proximity to extended family.
3. Show Good Faith and Cooperation
Demonstrate a willingness to collaborate with the other parent and prioritize the child’s relationship with both parents.
Conclusion
Relocating with your children after divorce requires careful planning, legal compliance, and a focus on the child’s best interests. Whether you have the other parent’s consent or need to seek court approval, transparency and cooperation are key to achieving a resolution that supports your family’s future.
If you’re considering relocation, consulting a family lawyer can help you navigate the legal process and ensure your rights are protected while prioritizing your child’s well-being.
