A parent doesn't lose the right to move after a separation, but moving with a child covered by an existing parenting arrangement isn't something that can be decided unilaterally either. Alberta and federal family law both build in specific requirements before a parent can relocate with a child, and skipping them can create serious problems even for a parent with genuinely good reasons for the move.
A parent can move with a child after separation, but if the move qualifies as a relocation, one that would significantly affect the child's relationship with the other parent, written notice is generally required, typically at least 60 days in advance. If the other parent objects, the matter needs to be resolved by agreement or a court decision before the move happens. A child custody lawyer in Calgary can help determine whether a specific move qualifies and what the process requires.
Not every move triggers the same legal requirements. Alberta and federal family law distinguish between a "relocation," a move significant enough to have a real impact on the child's relationship with the other parent or other important people in their life, and an ordinary change of residence, such as moving to a different neighbourhood within Calgary that doesn't meaningfully affect the existing arrangement. Understanding which category a specific move falls into is the first step, since the notice and process requirements apply specifically to relocations.
If a planned move qualifies as a relocation, the parent planning to move is generally required to give the other parent, and anyone else with parenting time, decision-making responsibility, or contact, written notice well in advance, typically at least 60 days before the intended move.
That notice generally needs to include the proposed moving date, the new address, and a proposed plan for how parenting time and decision-making would work going forward. This notice requirement exists specifically so the other parent has a real opportunity to respond before the move happens, not after.
Once notice is given, the other parent has an opportunity to object, generally within a set period after receiving notice. If an objection is raised, the relocation can't simply proceed; it needs to be resolved either through agreement between the parents or, if that's not possible, through a court application. This is part of why relocation planning should start well before the intended move date, since a contested relocation dispute can take time to resolve.
When a relocation is contested, a court applies the same overarching best-interests test used in other parenting decisions, but with factors specific to relocation, including:
No single factor decides the outcome; the court weighs the whole picture against what genuinely serves the child.
Relocation cases generally follow a framework that shifts the burden of proof depending on the existing parenting arrangement. Where parenting time is close to equally shared, the parent proposing to relocate generally has to show the move is in the child's best interests.
Where the child spends the substantial majority of time with the relocating parent, the burden can shift the other way, requiring the objecting parent to show the move isn't in the child's best interests.
Where neither of these situations clearly applies, both parents generally need to address the impact on the child directly, without either side automatically carrying the burden. A child custody lawyer in Calgary can explain which scenario applies to a specific case.
Moving with a child without giving the required notice, or proceeding despite an unresolved objection, can create serious legal consequences. This can affect how a court views the parent's credibility and judgment in the broader case, and in some situations, a court can order the child returned pending a proper resolution of the relocation issue. This is not a situation where it's safer to move first and address objections afterward.
Where family violence or a genuine safety concern is part of the situation, the standard notice requirements may be modified or waived through a court order, recognizing that requiring advance notice to an abusive parent could itself create risk. A parent in this situation should get legal advice promptly rather than assuming the standard process is the only option.
| Factors | Relocation | Minor Move |
| Impact on existing arrangement | Significant effect on the child's relationship with the other parent | Minimal or no meaningful effect |
| Notice required | Yes, generally at least 60 days in advance | Not specifically required under relocation rules |
| Other parent can formally object | Yes | Not applicable in the same way |
| Court involvement if contested | Often required if an objection is raised | Rarely required |
THEBIL Family Law helps parents understand whether a planned move qualifies as a relocation, prepares the required notice correctly, and represents clients through a contested relocation dispute when an agreement can't be reached. A child custody lawyer in Calgary experienced with relocation cases helps avoid the serious problems that come from moving without following the proper process.
Request For A Consultation
Generally yes, but if the move qualifies as a relocation affecting an existing parenting arrangement, written notice is required, and the other parent has the right to object.
Typically at least 60 days in advance, including the proposed date, new address, and a proposed parenting plan going forward.
The relocation can't proceed as planned until the objection is resolved, either through agreement between the parents or a court decision.
Not necessarily. The requirement applies to relocations that significantly affect the existing arrangement, not every change of address.
It depends on the existing parenting arrangement. The burden can fall on the relocating parent, the objecting parent, or be shared, depending on how time is currently split.
This can seriously affect how a court views your credibility in the broader case, and a court can order the child returned pending proper resolution of the relocation issue.
Yes, particularly where family violence or a genuine safety concern is involved, in which case the standard process may be modified through a court order.
Yes. THEBIL Family Law assists parents planning a move and parents responding to a proposed relocation by the other parent.
Relocating with a child involves real legal requirements that protect both parents and the child. THEBIL Family Law can help you understand what your specific situation requires. Book a consultation to talk through your plans.
