Few parenting disputes are as emotionally difficult as relocation.
It usually begins with a simple conversation: one parent wants to move to another city. Perhaps the move is for a new job, to be closer to extended family, or to start a new relationship.
But if the move affects the child’s ability to maintain a relationship with the other parent, the situation becomes a relocation dispute under Canadian family law.
Courts take relocation cases very seriously. A relocation decision can permanently change how a child spends time with each parent. Because of this, the law requires a careful process and often a detailed court analysis.
If you are dealing with a potential move involving your child—whether you want to relocate or you are concerned about the other parent moving away—it is important to understand how relocation law works in Alberta.
What Is Considered a Relocation?
In family law, relocation refers to a move that is likely to significantly affect the child’s relationship with another parent.
Not every move qualifies.
For example, moving within Edmonton may not trigger relocation rules if the existing parenting schedule can continue without major disruption.
But a move that substantially changes the parenting arrangement—such as moving to Calgary, Vancouver, or another province—will usually qualify as a relocation.
When a move would significantly interfere with parenting time, the parent proposing the move must follow the formal relocation process under Canadian law.
Relocation Rules in Alberta: Divorce Act vs Family Law Act
Relocation disputes in Canada are primarily governed by the Divorce Act.
These rules apply to parents who are married or divorced.
However, if parents were never married, relocation issues are governed by Alberta’s Family Law Act, which contains very similar principles regarding parenting and the child’s best interests.
In both regimes, the court’s focus is always the same: What arrangement is in the best interests of the child?
The Legal Requirement to Provide Relocation Notice
If a parent intends to relocate with a child, the law requires formal notice.
Under the Divorce Act, the parent proposing the move must complete and deliver the official Notice of Relocation form.
This notice must generally be provided at least 60 days before the proposed move.
The notice must include:
- The proposed new location
- The expected date of relocation
- A proposal for how parenting time and decision-making will work after the move
This requirement exists so the other parent has time to respond or bring a court application if necessary.
The 30-Day Window to Object
Once a parent receives a Notice of Relocation, they typically have 30 days to object.
The objection must be made using the official Objection to Relocation form or by starting a court application.
If no objection is filed within that period, the relocation may proceed.
Because of this tight timeline, parents who receive relocation notice should seek legal advice quickly.
How Courts Decide Relocation Cases
If the parents cannot agree, the court must decide whether the relocation should be allowed.
The governing principle is always the best interests of the child pursuant to Section 16 of the Divorce Act. However, there are additional factors that the Court must consider in making a relocation application.
Section 16.92 of the Divorce Act lists several relocation-specific factors that courts must consider, including:
- The reason for the proposed relocation
- The impact of the relocation on the child
- The child’s relationship with each parent
- The feasibility of preserving the child’s relationship with the other parent through parenting arrangements
- The child’s views and preferences, depending on age and maturity
- Whether each parent has historically supported the child’s relationship with the other parent
The court also considers whether the relocation proposal is made in good faith.
A parent proposing relocation should be prepared to demonstrate that the move is genuine and well planned, including realistic arrangements for travel and communication between the child and the other parent.
The Leading Case on Relocation: Gordon v. Goertz
For nearly three decades, the leading Canadian case on relocation has been the Supreme Court of Canada decision Gordon v. Goertz.
The case involved a custody dispute in which the custodial parent sought to relocate with the child outside Canada. The Supreme Court used the case as an opportunity to establish a clear framework for how courts should approach relocation disputes.
The Court emphasized a central principle that still governs relocation cases today:
The focus must always be the best interests of the child, not the interests or rights of the parents.
In Gordon v. Goertz, the Court set out a two-stage approach for relocation cases.
First, the parent seeking to change an existing parenting arrangement must demonstrate that there has been a material change in circumstances affecting the child. In many cases, a proposed move to another city or country satisfies this requirement because it fundamentally alters the parenting arrangement.
Second, once that threshold is met, the court conducts a fresh inquiry into the child’s best interests.
When conducting this analysis, the Supreme Court said judges should consider factors such as:
- The existing parenting arrangement and relationship between the child and each parent
- The desirability of maximizing the child’s contact with both parents
- The views and preferences of the child
- The disruption that relocation may cause to the child’s life, schooling, and community
- The potential disruption if custody were changed instead of allowing the move
Importantly, the Court rejected any automatic presumption in favour of either parent. Relocation decisions must be determined on a case-by-case basis with the child’s welfare as the primary consideration.
How Recent Case Law and Legislation Have Updated the Law
While Gordon v. Goertz remains the foundational case, relocation law has evolved.
In 2020, Parliament amended the Divorce Act (Canada) to create a more structured relocation framework.
These amendments introduced:
- Formal relocation notice requirements
- Specific relocation factors courts must consider
- Clear rules on the burden of proof
The statutory factors now found in the Divorce Act include considerations such as:
- The impact of the relocation on the child
- The reasons for the move
- The feasibility of maintaining the child’s relationship with the other parent
- Whether the proposed parenting plan after relocation is realistic
The Supreme Court has also continued to clarify how the best-interests analysis works in parenting cases. Recent decisions emphasize that relocation disputes are highly fact-specific and require judges to carefully examine the child’s physical, emotional, and psychological well-being.
Why This Case Still Matters Today
Although the Divorce Act now contains detailed relocation provisions, the principles from Gordon v. Goertz still guide how courts approach mobility disputes.
The case established three ideas that remain central in relocation litigation:
- The child’s best interests are the only controlling consideration
- Relocation cases require a detailed, fact-specific analysis
- No parent automatically has the right to relocate with a child
In practice, Alberta courts still frequently refer to Gordon v. Goertz when deciding mobility applications.
For parents involved in relocation disputes, the case serves as a reminder that courts will look closely at the child’s relationships, stability, and long-term well-being before approving or refusing a move.
Burden of Proof in Relocation Cases (Divorce Act s.16.93)
The burden of proof in relocation cases depends on the existing parenting arrangement.
The Divorce Act sets out three different scenarios.
1. Substantially Equal Parenting Time
If the child spends substantially equal time with both parents, the parent proposing the relocation must prove that the move is in the child’s best interests.
2. Child Lives Vast Majority of Time With Moving Parent
If the child spends the vast majority of their time with the parent proposing the move, the objecting parent must prove that the relocation is not in the child’s best interests.
3. All Other Parenting Arrangements
In all other situations, both parents share the burden of proof.
This statutory framework can significantly affect how relocation cases are argued in court.
Why Parents Seek Relocation
Relocation requests often arise from major life changes.
Common reasons include:
- Career opportunities in another city
- Returning to a hometown where extended family support is available
- Lower cost of living
- New relationships or remarriage
- Educational opportunities
Courts recognize that parents sometimes need to move for legitimate reasons.
However, relocation cannot occur if it would seriously harm the child’s relationship with the other parent.
When Courts Refuse Relocation
Relocation applications are sometimes denied.
Courts may refuse relocation when:
- The move would significantly damage the child’s relationship with the other parent
- The proposed parenting plan after relocation is unrealistic
- Travel logistics make ongoing parenting time impractical
- The move appears motivated primarily by conflict rather than legitimate reasons
Judges often place great weight on whether a meaningful relationship with both parents can be maintained.
Evidence That Matters in Relocation Cases
Relocation disputes often turn on evidence.
Parents proposing relocation should be prepared to present evidence regarding:
- Employment opportunities in the new location
- Housing arrangements
- School options for the child
- Support from extended family
- Travel logistics for ongoing parenting time
Courts also look closely at the history of the parenting relationship and which parent has been the child’s primary caregiver.
Negotiating Relocation Agreements
Not all relocation disputes require a court decision.
Many parents resolve relocation issues through negotiation or mediation.
A relocation agreement may include:
- Extended summer parenting time
- Longer holiday visits
- Travel cost sharing
- Increased video and telephone contact
Well-drafted agreements can preserve the child’s relationship with both parents while allowing the relocating parent to pursue legitimate opportunities.
Key Takeaways: Relocation Law in Alberta
• Relocation refers to a move that significantly affects the child’s relationship with another parent.
• A parent must provide 60 days’ notice using the official Notice of Relocation form.
• The other parent typically has 30 days to object.
• Courts decide relocation disputes based on the best interests of the child.
• The burden of proof depends on the parenting schedule.
• Evidence about employment, schooling, family support, and travel logistics is often critical.
Because relocation decisions can permanently reshape parenting arrangements, it is important to obtain legal advice early.
Speak With an Edmonton Child Relocation Lawyer
Relocation disputes are among the most complex parenting cases in family law.
If you are considering moving with a child after separation, or if you have received a relocation notice from your former partner, it is important to understand your rights before taking action.
At Morrison LLP, our Edmonton family lawyers assist clients with:
- Child relocation disputes
- Mobility applications in Alberta
- Parenting litigation and mediation
- Negotiated parenting agreements
📞 Call Morrison LLP at 587-758-1099 to speak with an Edmonton child relocation lawyer.
The first 30 minutes of the consultation are free.
