Relocation with Children After Divorce in PEI

Relocation disputes are among the most high-stakes situations in PEI family law. Whether you are the parent planning to move or the one trying to prevent a move, the Divorce Act imposes strict procedural requirements that must be followed exactly. Getting this wrong — either by moving without proper notice or by failing to object within the deadline — can permanently change your parenting arrangement.

The 60-Day Written Notice Requirement

Under Section 16.9 of the Divorce Act, any parent with parenting time or decision-making responsibility who intends to relocate with the child must give at least 60 days' written notice to every other person who has parenting time, decision-making responsibility, or a contact order.

The notice must include:

1. The proposed date of the relocation
2. The new address and updated contact information
3. A detailed proposal for how parenting time, decision-making, and contact will be restructured after the move

This is not optional, and "I told them verbally" does not count. The notice must be in the prescribed form and served on all affected parties.

The 30-Day Objection Window

After receiving a relocation notice, the non-relocating parent has exactly 30 days to file a formal objection. An objection can be filed either as an application with the Supreme Court of PEI or by serving a formal objection in the prescribed form.

If a timely objection is filed, the relocating parent is legally prohibited from moving the child until either:

• The court issues an order permitting the relocation, or
• Both parents sign a written agreement authorizing the move

If no objection is filed within 30 days, the relocating parent may proceed with the move, provided no court order prohibits it.

Who Bears the Burden of Proof

This is where the existing parenting arrangement matters enormously:

Substantially equal time. If the child spends substantially equal time with both parents under the existing arrangement, the relocating parent bears the burden of proving that the move is in the child's best interests. The parent wanting to leave must convince the court.

Vast majority of time with relocating parent. If the child spends the vast majority of their time with the parent who wants to relocate, the burden shifts — the non-relocating parent must prove the relocation is not in the child's best interests. This reflects the reality that the primary caregiver's circumstances (a new job, proximity to family support, a new relationship) directly affect the child's welfare.

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

The Barendregt v Grebliunas Framework

The Supreme Court of Canada's 2022 decision in Barendregt v. Grebliunas (2022 SCC 22) is the leading case on relocation in Canadian family law. The framework it establishes applies directly in PEI and shapes how judges evaluate relocation applications.

Key principles from the decision:

• The best interests of the child remain the sole test — not the relocating parent's personal reasons for moving
• Courts must consider the reasons for the move, the impact on the child's relationship with the non-relocating parent, and whether the proposed revised parenting plan adequately preserves that relationship
• A parent's reasons for relocating are relevant, but the focus stays on the child — a strong career opportunity matters only insofar as it affects the child's stability and well-being
• Courts should not apply a presumption for or against relocation — each case turns on its own facts

Practical Steps

If you are planning to relocate:

• Serve the formal 60-day notice well in advance — rushing creates the impression you are trying to limit the other parent's response time
• Draft a realistic revised parenting plan showing how the child will maintain a meaningful relationship with the other parent (extended summer time, additional holiday time, video calls)
• Document your reasons for moving and how the relocation serves the child's interests, not just your own

If you received a relocation notice:

• Do not ignore it. You have 30 days to object — mark the calendar and act within that window
• File your objection with the Supreme Court or serve it in the prescribed form
• Prepare to show the court why the child's current community, school, relationships, and routine should be preserved

The Prince Edward Island Child Custody & Parenting Plan Guide includes a relocation notice response checklist and a worked template for proposing a revised parenting schedule.

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