Relocation with a Child After Divorce in Nunavut: 60-Day Notice Rules

Relocating with your child after separation triggers one of the most contested areas of Canadian family law. The March 1, 2021 amendments to the Divorce Act codified strict relocation provisions that replaced the old common-law test from Gordon v. Goertz. In Nunavut — where a move from one community to another can mean hundreds of kilometres of air travel with no road connection — the stakes for the left-behind parent are especially high.

The 60-Day Written Notice Requirement

Under Section 16.9 of the Divorce Act, a parent who intends to relocate must provide the other parent with at least 60 days' written notice before the move. The notice must include:

• The expected date of the relocation
• The new address and contact information
• A proposed revised parenting schedule that maintains the child's relationship with the non-relocating parent

This notice applies whether you're moving within Nunavut (from Iqaluit to Rankin Inlet), to another province, or outside Canada. The notice must be given at least 60 days before the expected relocation; the 30-day period for an objection runs from the day the other parent receives the notice.

What Happens If the Other Parent Objects

The non-relocating parent has 30 days after receiving the notice to object, using the prescribed form or an application to the court. If they object, the relocating parent cannot move with the child unless the court authorizes it.

The burden of proof depends on the existing parenting arrangement:

If the existing order, arbitral award, or agreement provides for substantially equal parenting time, the relocating parent bears the burden of proving the relocation is in the child's best interests.

If the child spends the vast majority of time with the relocating parent, the objecting parent bears the burden of proving the relocation is not in the child's best interests.

In other cases, both parties bear the burden of proving whether the relocation is in the child's best interests.

What the Court Considers

The court evaluates relocation through the best-interests framework, with particular attention to:

• The reason for the relocation — employment, family support, education, or a new relationship
• The impact on the child's relationship with the non-relocating parent, siblings, and extended family
• Whether the proposed revised parenting schedule is realistic and adequately compensates for the lost day-to-day contact
• The child's views and preferences (weighted by age and maturity)
• The financial feasibility of maintaining parenting time across the new distance

Northern Geography Makes This Harder

In most of southern Canada, a parent relocating from one city to another can propose weekend visits, mid-week dinners, or alternating weeks. In Nunavut, a move from Cambridge Bay to Iqaluit eliminates all of those options. Travel between communities requires regional air, which is expensive, infrequent, and vulnerable to multi-day weather cancellations.

A relocation proposal in Nunavut must realistically address:

• Flight costs. Who books and pays for the child's regional air travel to the non-relocating parent?
• Extended block scheduling. The proposed revised schedule will almost certainly shift from weekly rotations to block scheduling — full summers, alternating school breaks, and long holiday stretches.
• Weather contingencies. Severe weather can cancel or delay flights. The proposal should specify who absorbs the cost of unexpected hotel stays and what happens to the parenting schedule when a transition is delayed by days.
• Virtual contact. Daily or near-daily video calls become essential when physical visits drop to a few times per year.

If You Do Not Give Notice

Relocating without the required 60-day notice is a serious problem. The other parent can apply to the court for an order addressing the relocation, including seeking the child's return. The court must consider whether the relocating parent complied with the notice requirement when deciding whether to authorize the relocation.

For worksheets to draft a relocation proposal and design an inter-community block schedule, see the Nunavut Child Custody & Parenting Plan Guide.

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