Relocation with Children After Divorce Saskatchewan

The 60-Day Notice Rule

Under both the federal Divorce Act and Saskatchewan's Children's Law Act, 2020, any parent planning to move with a child in a way that would significantly affect existing parenting-time or decision-making arrangements must give at least 60 days' written notice to every person who has parenting time or decision-making responsibility. Under the federal Divorce Act, a person with a contact order must also receive notice.

This isn't optional. Moving without the required notice can lead to a court dispute over the child's residence and parenting arrangements.

What the Notice Must Include

The 60-day notice isn't a casual heads-up. Saskatchewan courts expect it to contain specific information:

• The date of the proposed move — the actual date you plan to relocate
• The new address — where you plan to live after the move
• Contact information — how the other parent can reach you and the child after the move
• A proposed revised parenting schedule — this is the part most parents miss. You can't just announce the move; you need to present a concrete plan for how parenting time will work from the new location

The revised schedule should address regular parenting time, holidays, summer breaks, and transportation logistics including who pays travel costs. A parent in Regina proposing to move to Calgary with the children needs to show how the other parent maintains meaningful, regular contact despite the distance.

When an Objection Is Filed

The person with parenting time or decision-making responsibility has 30 days from receiving the notice to file an objection using the prescribed form. A person with only a contact order receives notice under the Divorce Act but cannot object to the relocation. If no objection is received within 30 days and no order prohibits the move, the relocating parent can proceed on or after the date in the notice.

If an objection is filed, the move cannot proceed until either the parents reach a new agreement or the court makes a ruling. The case goes before a judge at the Court of King's Bench, and the burden of proof depends on the existing arrangement:

• Substantially equal parenting time: If the parties substantially comply with an order or agreement providing substantially equal time, the relocating parent bears the burden of proving that the move is in the child's best interests
• Vast majority of time with the relocating parent: If the child spends the vast majority of time with the relocating parent and the parties substantially comply with the order or agreement, the objecting parent bears the burden of proving that the move is not in the child's best interests
• Other arrangements: In other cases, both parties bear the burden of proving whether the relocation is in the child's best interests

If the existing order is interim, the court may decide not to apply the first two burden rules.

How Courts Evaluate Relocation Requests

Saskatchewan courts apply the same Section 10 best-interests factors from The Children's Law Act, 2020 but give particular weight to several relocation-specific considerations:

The reason for the move. Courts look more favourably on moves driven by concrete employment opportunities, family support networks, or educational needs than moves that appear designed to separate the child from the other parent.

The impact on the child's existing relationships. A judge will evaluate how the move affects the child's relationship with the non-moving parent, siblings in the other parent's care, grandparents, and the child's established community — school, friends, extracurricular activities.

The feasibility of a revised schedule. Can technology and travel arrangements genuinely maintain the child's bond with the non-moving parent? Extended summer blocks, alternating holiday periods, and video calls can supplement in-person time, but courts are skeptical when the proposed replacement schedule dramatically reduces the quality and frequency of contact.

History of compliance. A parent who has consistently facilitated the child's relationship with the other parent has more credibility asking for a relocation than one with a track record of withholding parenting time or making unilateral decisions.

The Emergency Exception

The 60-day rule can be waived or modified by the court on an application, including where there is a risk of family violence. Do not assume that a safety concern automatically authorizes a move without notice.

Practical Steps Before You Move

Whether you're the parent planning to relocate or the one who just received a notice, the process demands preparation:

If you're planning to move: Draft the revised parenting-time schedule before sending the notice. A detailed proposal — with specific dates for long-distance visits, transportation arrangements, and communication protocols — shows the court you're taking the other parent's relationship with the child seriously.

If you've received a notice: You have 30 days to decide whether to object. Don't ignore it. If no objection is received within 30 days and no order prohibits the move, it may proceed on or after the date in the notice. If you object, the burden of proof depends on the existing parenting arrangement, so get advice about what evidence and proposed schedule are relevant.

The Saskatchewan Child Custody and Parenting Plan Guide includes relocation protocol worksheets and schedule templates specifically designed for long-distance parenting arrangements — the kind of structured documentation courts expect to see when evaluating a relocation request.

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