Relocation with a Child After Separation in BC: The 60-Day Notice Rule
Relocation with a Child After Separation in BC: The 60-Day Notice Rule
Moving to a new city or province after separation sounds like a personal decision, but if you share parenting time in BC, relocation is one of the most legally regulated actions you can take. A move that significantly impacts your child's relationship with the other parent triggers mandatory notice requirements and, potentially, a court hearing to decide whether you can go.
Getting this wrong — moving without proper notice or missing a deadline to object — can have serious consequences for your parenting arrangement.
When the Relocation Rules Apply
Under the Family Law Act, a guardian who plans to relocate must provide advance written notice if the move will "significantly impact" the child's relationship with the other guardian. The law doesn't define a specific distance — a move from Vancouver to Victoria (90 minutes by ferry) could trigger the requirement, while a move across town might not.
The test is impact on the relationship, not kilometres. If the move would make the current parenting schedule impractical — disrupting school arrangements, midweek visits, or extracurricular routines — the notice requirement kicks in.
The 60-Day Written Notice Requirement
The relocating parent must give the other guardian at least 60 days' written notice before the planned move. The notice must include:
- The date of the planned move
- The location of the new residence
- A proposal for how parenting time will be restructured after the move
This isn't a casual heads-up. The notice must be in writing and provide enough detail for the other parent to evaluate how the move affects their time with the child.
How to Object to a Relocation
If the other parent objects to the move, they must file a court application within 30 days of receiving the 60-day notice. Missing this 30-day window can significantly weaken their position — the court may treat silence as acquiescence.
The objecting parent files in whichever court has jurisdiction over the existing parenting arrangement (Provincial Court for FLA-only matters, Supreme Court if a divorce order is involved).
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What Courts Consider
When deciding whether to permit a relocation, BC courts evaluate the move through the best interests of the child framework under Section 37 of the Family Law Act. Key factors include:
- Good faith — Is the move motivated by a genuine reason (employment, family support, educational opportunity)? Or is it primarily aimed at limiting the other parent's time?
- The reason for the move — Job transfers, new partnerships, returning to a family support network, and educational opportunities are all considered. Financial necessity carries significant weight.
- The feasibility of a revised schedule — Can a realistic parenting arrangement be constructed around the new distance? Long-distance schedules often shift to extended blocks during school holidays rather than weekly rotations.
- The child's views — Depending on age and maturity, the child's own preference may be considered.
- The existing relationship — How involved is each parent in the child's daily life? A parent who exercises parenting time every other weekend faces a different analysis than one with 50/50 shared time.
The Burden of Proof
Who carries the burden of proving that the relocation serves the child's best interests depends on the existing arrangement. If the child spends the majority of time with the relocating parent, the objecting parent generally bears a heavier persuasive burden. In a shared-time arrangement, the analysis is more balanced — neither parent has an automatic advantage.
What Happens If You Move Without Notice
Moving without providing the required 60-day notice is a serious legal misstep. The other parent can apply to court on an urgent basis for an order requiring the child's return. Courts view unauthorized relocations unfavorably — it can be treated as evidence of unwillingness to foster the child's relationship with the other parent, which weighs heavily in best interests analysis.
If circumstances require an immediate move (such as family violence), you should still file notice and apply to court simultaneously, explaining the urgency. The court can grant interim orders to protect the child while the relocation application is heard.
Planning a Move the Right Way
Whether you're the parent considering a move or the parent who might need to object, the legal framework around relocation is structured and deadline-driven. The British Columbia Child Custody & Parenting Plan Guide includes relocation planning worksheets that help you draft compliant notice letters, restructure parenting schedules for distance, and document your reasoning in the format courts expect.
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Download the British Columbia — Parenting Plan Starter Checklist — a printable guide with checklists, scripts, and action plans you can start using today.