Relocating With Children After Divorce in BC 

Parents in BC who want to relocate with children after a divorce should not act impulsively or neglect the responsibilities that they have towards the children, the other parent, and the other important people in the children’s lives.

Relocating without understanding the full implications of the move and informing the relevant parties can create serious legal issues for a parent, especially if the move is not in the child’s best interests.

Legal advice is essential before you relocate, and the best course of action will depend on your circumstances. In the meantime, here’s what you should consider if you are planning to relocate with a child in BC so that you can avoid legal disputes….

What is considered “relocating” after a divorce in BC?

Relocation is generally taken to mean a change in the location of the residence of a child that could significantly impact the child’s relationship with another parent/guardian or other important people in the child’s life. Usually, this means a move of considerable distance.

Under BC law, the most important factor in a relocation case is the impact that the move will have on the child as well as the impact on the other parent, who normally has equal parental rights.

The Family Law Act deals with the topic of relocation in the Care of and Time with Children section.

Relocation provisions must be made by the parent intending to relocate with the child. However, the exact nature of the legal requirements may depend on the arguments contained in the “Application About a Family Law Matter” made in the family court, as well as any existing orders or written agreements relating to the family’s situation.

The process is different in Supreme Court, as you will use a “Notice of Family Claim” to commence an action or “without notice” application if the request is urgent. It is not uncommon that both applications can be used, depending on the situation, in both Provincial and the Supreme Court.

How can I move legally with my children in BC?

You can move legally with a child without informing the other parent in three circumstances: if you are the sole guardian of the child, you have sole child custody, or you have a written agreement/court order permitting you to move with the child.

Otherwise, you will need to consider the impact of the relocation on the other parent or guardian.

For parents with joint custody in BC, the general rule is that the relocating parent must provide 60 days’ written notice to the other parent/guardian and people who have contact with the children under an agreement or court order (such as a grandparent). The notice must include the proposed location of the move.

However, there are some exceptions to these rules in the following circumstances:

If another parent or guardian files an objection to the move with the BC courts, the judge presiding over the case must consider the following factors when deciding:

• Whether the move is made in “good faith” and in the best interests of the child (punishing the other parent or guardian is unacceptable)
• Whether there are reasonable arrangements to preserve the relationship between the child and the other guardian
• Whether adequate written notice has been provided

Another party with whom the child has a close relationship (by agreement or court order) cannot file an objection to the relocation but may request a change to contact arrangements to ensure a continued relationship with the child.

How to avoid a legal dispute with your ex in BC

In the ideal scenario, parents/guardians talk the situation over beforehand and all parties are happy for the relocation to go ahead; parenting time is adjusted and all parties start planning for the new situation.

Disputes, however, are common with relocating families, especially if the distance involved with the relocation is substantial. Even parents who follow the letter of the law may not be able to avoid a dispute with their ex over relocating with a child.

Most times, by giving at least 60 days’ notification, you can prevent bad feelings and diffuse a potential dispute. Wherever children are involved, however, emotions can interfere and lead to unwanted reactions. This can create disputes that take up court time and lead to unnecessary expense, delays, and stress for families.

Legal disputes about relocations can take months or years to settle, during which time the child faces considerable uncertainty.

If matters can be discussed calmly and with a full focus on what’s best for the child, an amicable arrangement is far more likely and a court case can be avoided—which is usually better for everyone concerned.

How to increase the chances of a successful relocation application

The BC courts can deny an application to relocate by a parent. Custodial rights do not automatically grant a parent the right to change a child’s place of residence unless it is in that child’s best interests.

If the ensuing upheaval is seen as unnecessary or potentially negatively impacting the child, the application may be turned down by the court.

Your application is more likely to be successful if:

• You have provided adequate notice to the non-moving parent and any other interested parties
• The decision to relocate is made in good faith
• You have proposed reasonable arrangements to preserve the relationship between the child and another guardian and/or key people in the child’s life
• The relocation is necessary to meet the child’s needs, enhance the child’s general quality of life or increase opportunities for the child

If child custody is joint or shared and no notice of objection has been filed within 30 days of the notification, you can generally relocate legally with the child if 60 days have passed since the notification.

There are some cases where you can still legally relocate even if continued access to the other parent cannot be provided. However, to be successful in such a case, you must show the court that the other parent had a harmful relationship with the child for the application to be approved.

What is meant by the child’s “best interests” in BC?

The child’s best interests are the paramount consideration in all cases that affect children in the BC courts. So, all decisions must be made with consideration about what best suits the child, and this consideration is more important than what best suits the parents.

Accordingly, if a proposed relocation is deemed to not be in the best interests of the children, it can be refused by the BC courts.

Generally, unless proven otherwise, the best interests of the children are taken to include regular contact with both parents and both parents involved in the decisions that most affect the child’s upbringing.

How to get started with relocation in British Columbia

The best place to start if you intend to relocate with a child is to seek legal advice from a qualified family lawyer. This can save unnecessary disputes, delays, and even heartbreak in the courts.

You may need legal advice on how to make a compelling case for relocation with the children, or have questions regarding your rights and responsibilities during a proposed relocation.

DSG Family Law offers a free initial consultation to assess your situation and outline your legal options. Speak with a family lawyer in Langley, BC today.