Relocation With Children After Divorce in Newfoundland and Labrador

Moving to another city or province after separation is one of the most litigated issues in Canadian family law. In Newfoundland and Labrador, strict notice requirements under the Divorce Act mean you can't simply pack up and go — even if you have primary parenting time.

The 60-Day Notice Rule

Any parent with decision-making responsibility or parenting time who intends to relocate must provide at least 60 days' written notice before the move. This applies to moves that would significantly affect the child's relationship with other people who have parenting time or contact rights.

The notice must include:

• The expected date of the move
• The new address (or proposed area if the exact address isn't confirmed)
• A proposed revised parenting schedule that accounts for the new distance

"Significantly affect" isn't precisely defined, but courts generally apply it to any move that would make the current parenting schedule unworkable — moving from St. John's to Corner Brook, from Newfoundland to another province, or out of the country.

A move across town that doesn't change the child's school or disrupt the existing schedule typically doesn't trigger the formal notice requirement, but informing the other parent is still good practice.

What Happens When the Other Parent Objects

The non-moving parent has 30 days from receiving the notice to file an objection. If no objection is filed within that window, the relocating parent can proceed with the move and the new proposed schedule takes effect.

If an objection is filed, the matter goes to court. Neither parent can unilaterally change the parenting schedule while the objection is pending — the existing order stays in place until a judge decides.

How Courts Evaluate Relocation

The court applies the best interests of the child test, but the burden of proof shifts depending on who has more parenting time:

If the relocating parent has the majority of parenting time (more than 60%): The other parent bears the burden of proving the move is not in the child's best interests. This means the default leans toward permitting the move, and the objecting parent must show why it shouldn't happen.

If parenting time is shared (each parent has at least 40%): The burden falls on the relocating parent to prove the move serves the child's best interests. Shared-time arrangements create a stronger presumption of maintaining the status quo.

If the relocating parent has the minority of parenting time (less than 40%): The relocating parent must also prove the move is in the child's best interests, with the added complexity that they're proposing to further reduce their own physical time with the child.

In all cases, the court considers:

• The reason for the move (new employment, returning to family support, remarriage)
• The impact on the child's existing relationships, schooling, and community ties
• Whether the proposed new schedule reasonably preserves the child's relationship with both parents
• The child's own views, weighted by age and maturity

Practical Considerations in Newfoundland and Labrador

Geography makes relocation especially consequential in this province. A parent moving from a rural community in Labrador to St. John's faces significant travel distances that make regular midweek transitions impossible. Similarly, moving to mainland Canada eliminates the casual flexibility that local proximity provides.

Courts in the province are realistic about this — they won't order an alternating-weeks schedule when parents live 800 km apart. Instead, they restructure parenting time around school breaks, summers, and extended holiday periods, often supplemented by regular video calls during school weeks.

Protecting Your Position

Whether you're planning to move or responding to the other parent's relocation notice, document everything:

• Keep a copy of the 60-day notice (sent or received)
• Track the 30-day objection deadline
• Prepare a detailed proposed schedule that demonstrates you've thought about maintaining the child's relationship with both parents

The Newfoundland and Labrador Custody and Parenting Plan Guide includes relocation planning templates and schedule adjustment frameworks that account for long-distance parenting arrangements.

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