Relocation of children in family law disputes
The following is general information respecting relocation of children by a guardian under the Family Law Act (BC). Each case is unique - please obtain legal advice for your particular matter. You can call Shawn Bobb at 604.635.1333 or [email protected] for legal advice.
Relocation of a child or child’s guardian is governed by Division 6 starting at s.65 of the Family Law Act.
Section 65 defines “Relocation” as meaning a change in the location of the residence of a child or child’s guardian that can be reasonably be expected to have a significant impact on the child’s relationship with a guardian or one or more persons having a significant role in the child’s life.
Division 6 applies if a child’s guardian plans to relocate themself or the child, or both, and an order or agreement respecting parenting arrangements or contact with the child applies to the child.
OBLIGATION TO GIVE NOTICE OF RELOCATION
If a child’s guardian (the “relocating parent”) plans to relocate as defined under s.65, the relocating parent must give all other guardians and persons having “contact” with the child at least 60 days’ written notice of:
· the date of the relocation, and
· the name of the proposed location.
(“Notice”)
A court may exempt the Relocating Parent from the Notice requirement if satisfied that:
· the Notice cannot be given without incurring a risk of family violence by another guardian or person having contact with a child, or
· there is no ongoing relationship between the child and the other guardian or the person having contact with the child.
OBLIGATION TO RESOLVE
There is a statutory obligation under section 67 of the Family Law Act after the notice is given and before the date of relocation for the child’s guardians and the persons having contact with the child to use their best efforts to cooperate with one another for the purpose of resolving any issues relating to the proposed relocation. But nothing prevent an application for relocation or for other orders for the purpose of maintaining the relationship between the child and a person having contact with the child if relocation occurs.
ONUS ON GUARDIAN AFFECTED TO APPLY TO PREVENT MOVE
If Notice is provided, relocation may occur on or after the date set out in the notice unless, within 30 days after receiving notice, the guardian receiving notice files an application for an order to prohibit the relocation (section 68).