Relocation with Children After Divorce in Yukon

Moving to a new community after separation might seem like a personal decision, but when children are involved, the Divorce Act imposes strict rules about when, how, and whether a parent can relocate. In the Yukon — where communities are separated by long distances and winter travel can be unreliable — relocation has an outsized impact on parenting arrangements.

The 60-Day Written Notice Requirement

Under the revised Divorce Act, a parent who wants to relocate must provide the other parent with at least 60 days of written notice before the planned move. The notice must include:

• The expected date of the move
• The new address and contact information
• A proposed revised parenting schedule that accounts for the new location
• Updated travel logistics — who handles transportation, how transitions work with the new distance

This requirement applies to any "relocation" — defined as a move that would have a significant impact on the child's relationship with the other parent. A move across Whitehorse probably doesn't trigger the formal notice requirement. A move from Whitehorse to Dawson City — or out of the territory entirely — almost certainly does.

What Happens After Notice Is Given

The non-moving parent has 30 days after receiving the notice to file a formal objection with the court. If no objection is filed within that window, the relocating parent can proceed with the move.

If an objection is filed, the court schedules a hearing to determine whether the relocation serves the child's best interests. Until the court decides, the existing parenting arrangement stays in place — neither parent can unilaterally change the child's primary residence.

How the Court Evaluates Relocation

The judge weighs several factors specific to relocation cases:

The reason for the move. A new job, family support, or educational opportunity carries different weight than a move made to frustrate the other parent's relationship with the child. Courts look carefully at the timing and motivation.

The impact on the child's relationship with the non-moving parent. This is often the central question. A move from Whitehorse to Vancouver makes regular weekend exchanges impractical. The court evaluates whether the proposed revised schedule preserves a meaningful relationship.

The child's views. If the child is old enough and mature enough, the court considers their preferences about the move.

The feasibility of the proposed schedule. A parent proposing summer blocks, school breaks, and long-weekend visits needs to demonstrate that the travel logistics and costs are realistic — especially relevant in the Yukon, where winter weather and limited flight options complicate travel between remote communities.

The burden of proof shifts based on parenting time. If the relocating parent has the majority of parenting time, the objecting parent bears the burden of showing the move isn't in the child's best interests. If parenting time is roughly equal (shared custody), the burden is on the relocating parent to show the move is justified.

Relocation Within the Yukon

Even within the territory, distance matters enormously. Whitehorse to Old Crow is over 700 kilometres by air with no road access. Whitehorse to Dawson City is a 530-kilometre drive that becomes treacherous in winter.

A move within the Yukon that significantly increases the distance between homes can trigger the formal notice requirement and may require a revised parenting order — especially if the existing schedule assumes both parents are in the same community.

Building Relocation Clauses Into Your Parenting Plan

The smartest approach is to address relocation in your original parenting plan, before anyone actually wants to move. Standard clauses typically include:

• The 60-day written notice requirement (mirroring the Divorce Act)
• A defined radius or community boundary that doesn't trigger formal notice (e.g., moves within Whitehorse)
• A pre-agreed framework for how the parenting schedule adjusts if one parent moves beyond that boundary
• Which parent bears additional travel costs if a move increases the distance

Having these terms built in prevents the scramble of figuring out the rules when emotions are already running high about the proposed move.

For a detailed relocation clause framework and the complete notice procedure — including how to draft an objection if you're the non-moving parent — the Yukon Child Custody & Parenting Plan Guide covers the full process.

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