Relocation with a Child After Divorce in New Brunswick: Rules and Process

Moving to a new city or province after separation is one of the most legally complex situations NB parents face. Whether you're the parent who wants to move or the parent opposing it, the rules are strict and the timelines are tight. Getting the process wrong can result in the court ordering the child returned to New Brunswick.

The 60-Day Notice Requirement

Under Section 16.9 of the federal Divorce Act, a parent who wants to relocate with the child must serve a formal Notice of Relocation on the other parent at least 60 days before the planned move, unless a court modifies or waives the notice requirement, including because of family violence. This applies to:

• Moves to another province or territory
• International moves
• Moves within New Brunswick that would significantly affect the child's relationship with the other parent (this can include moving from one end of the province to the other)

The Notice of Relocation must include specific information:

• The planned moving date
• The address of the new residence and contact information for the parent or child, as applicable
• A proposal for how parenting time will work after the move
• Contact information for the child at the new location

This isn't optional. Moving without providing the required notice gives the other parent strong grounds to bring an emergency motion to have the child returned.

The Objection Process

After receiving the Notice of Relocation, the other parent has 30 days to object. The objection must be in the prescribed form, served on the relocating parent, and filed with the court.

If no objection is filed within 30 days, and no court order prohibits the move, the relocating parent may proceed on the date in the notice.

If an objection is filed, the relocation cannot proceed unless the court authorizes it. A party can apply to the court for an order about the relocation, including a temporary order.

How Courts Decide

The burden of proof depends on your parenting arrangement:

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

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

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

The court considers:

• The reason for the relocation (genuine job opportunity vs. distancing the child from the other parent)
• The impact on the child's relationship with the non-relocating parent
• Whether meaningful parenting time can be maintained at a distance (longer summer blocks, video calls, holiday rotations)
• The child's views, depending on age and maturity
• The proposed parenting plan post-relocation
• Whether the move is being made in good faith

Moves Within New Brunswick

Not every move triggers the formal relocation provisions. A move across town that doesn't affect the child's school or the existing parenting schedule generally doesn't require a 60-day notice. But a move from Saint John to Edmundston — even though it's within the same province — could significantly affect the other parent's ability to exercise their parenting time.

The test is impact: does the move substantially change the existing parenting arrangement? If a parent currently does school pickup three days a week and the move would make that impossible, the relocation provisions apply.

What to Include in a Post-Relocation Parenting Proposal

Courts are more likely to approve a relocation when the moving parent shows they've thought through the child's continued relationship with the other parent. A strong proposal addresses:

• Revised parenting time — longer blocks during school holidays (e.g., full summer months, entire March Break, alternating Christmas/Easter) to compensate for reduced weekly time
• Travel logistics — who pays for flights or driving, where exchanges happen for long-distance arrangements, whether the child travels unaccompanied (age-appropriate)
• Communication schedule — daily or regular video calls, access to the child's phone, agreed-upon times that don't interfere with school or bedtime
• Transition period — how the child will be supported through the adjustment, including maintaining existing friendships and activities where possible
• Financial impact — how increased travel costs will be shared between parents

What to Do If You're Opposing a Move

If you receive a Notice of Relocation and want to object:

1. Set out your objection within 30 days — this is the statutory objection window. If you miss it, the relocating parent may proceed on the statutory terms if no order prohibits the move.
2. Gather evidence — document your current involvement in the child's daily life (school involvement, medical appointments, extracurricular activities, the existing parenting schedule as it's actually practiced)
3. Consider the child's perspective — courts will ask how the move affects the child's school, friendships, community, and relationship with you
4. Propose an alternative — if the other parent is moving for a job, can you offer to become the primary parent? Can the child finish the school year before any transition?

The New Brunswick Child Custody & Parenting Plan Guide includes a relocation checklist covering the notice requirements, objection process, and a worksheet for drafting a post-relocation parenting plan that addresses the court's evaluation criteria.

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