When a parent wishes to relocate with a child, the implications
for parenting arrangements are significant. Whether you are
seeking to relocate or opposing a proposed move, we provide
strategic advice and courtroom representation.
Our Relocation Services Include
- Interprovincial relocation — We represent
parents seeking to move within Canada or opposing a proposed
interprovincial move, addressing the impact on parenting time
and the child's best interests.
- International relocation — International moves
raise additional legal complexities, including Hague Convention
considerations. We handle applications for and against
international relocation.
- Parenting plan restructuring — When relocation
is permitted, the existing parenting arrangement must be
restructured to reflect the new circumstances. We negotiate and
draft revised parenting plans that maintain meaningful
relationships with both parents.
Understanding Relocation Law in Alberta
Under the Divorce Act, a parent who wishes to relocate
with a child must provide notice to the other parent. If the
non-relocating parent objects, the matter may proceed to court.
The court considers the best interests of the child, the reasons
for the move, and the impact on the child's relationship with the
non-relocating parent. The burden of proof depends on the existing
parenting arrangement.
Our Approach
Where possible, we work toward negotiated solutions. Where
necessary, we advance relocation matters through the court process.
We help clients build a strong evidentiary foundation, including
demonstrating the reasons for the move, the proposed parenting
plan, and how the child's relationships will be maintained.
Frequently Asked Questions
Can I move with my child without the other parent's consent?
Generally, no. The Divorce Act requires notice to the
other parent before a significant move. Moving without proper
notice or consent can have serious legal consequences, including
the court ordering the child's return.
What factors does the court consider?
The court considers the best interests of the child, including the
reason for the relocation, the impact on the child's relationship
with the non-relocating parent, the proposed revised parenting
plan, and whether the relocation is being made in good faith.
