Parenting and Guardianship
Can My Ex Stop Me from Moving with the Kids? Understanding Mobility Rights in BC Family Law!
Mandy Shergill22 July 20252 min read
Moving with children after separation or divorce in British Columbia requires careful navigation of legal requirements and consideration of the other parent's rights. Under BC's Family Law Act, you cannot simply relocate with your children without following the required legal steps.
If you have guardianship (formerly know as custody) of your children and want to relocate with them, you must follow specific legal procedures outlined in Section 69 of the Family Law Act. This applies to moves that could significantly impact the child's relationship with other guardians or important people in their lives.
Key Requirements for Relocation
- Written Notice: You must provide at least 60 days' written notice to all guardians and persons with contact rights
- Notice Details: Must include the proposed location and moving date
- Valid Reasons: Need to demonstrate legitimate reasons for the move
- Best Interests of the Child: Must show how the move benefits the child
When Can the Other Parent Object?
The other guardian has 30 days after receiving notice to file an objection with the court. If they object, you cannot move until you either:
- Reach an agreement with the other guardian
- Obtain a court order permitting the relocation
- Demonstrate the other guardian's objection is unreasonable
Court Considerations in Relocation Cases
Factors the Court Examines
- Reasons for Relocation: Employment, education, family support
- Impact on the Child: Educational opportunities, social connections
- Existing Parenting Arrangements: Current schedule and involvement
- Proposed New Parenting Plan: How contact will be maintained
- Good Faith: Whether the move is genuinely motivated
Steps to Take Before Moving
- Consult with a family lawyer to understand your rights
- Prepare detailed written notice
- Gather evidence supporting your reasons for moving
- Develop a new parenting plan proposal
- Consider mediation if facing opposition
Legal Disclaimer
This information is provided for educational purposes only and does not constitute legal advice. Every case is unique, and outcomes depend on specific circumstances. Please consult a qualified legal professional for advice about your situation.
Get Legal Support
Shergill Law Corporation has experienced lawyers in BC family law and mobility rights cases. Our experienced team understands the complexities of relocation disputes and can help protect your rights while ensuring the best interests of your children remain paramount. Contact us today for a confidential consultation to discuss your specific situation and explore your legal options.
Frequently asked questions
Can I move within the same city?
Local moves typically don't require formal notice unless they significantly impact existing parenting arrangements. Obtaining legal advice for local move is strongly recommended.
What if the other parent won't respond to my notice?
If they don't file an objection within 30 days, you may proceed with the move, provided you've given proper notice.
Can I move temporarily?
Temporary relocations may still require notice if they significantly affect parenting time or contact.
This article is general information about family law in British Columbia. It is not legal advice for your situation. Speak with a lawyer about the facts of your own matter.