Understanding When Relocation Rules Apply
If you are divorced or going through divorce proceedings in Alberta, Child Relocation After Divorce in Alberta laws may directly affect you. These rules come from the federal Divorce Act and apply whenever a court order grants parenting time, decision-making responsibility, or contact. If you were never married, Alberta’s Family Law Act sets out similar provisions.
The law becomes especially important when one parent wishes to move with the child to a new city, province, or even another country. Before relocating, it is essential to understand how these rules work and your associated obligations.
Considering a move? The first step is knowing your legal obligations. Book a Confidential Consultation with an Edmonton Relocation Lawyer to discuss your specific situation.
What Counts as Relocation
Relocation is not just moving to a new address. It applies when the move greatly affects your child’s relationship with the other parent or a caregiver. This can include moves across provinces or within Alberta if parenting schedules are disrupted. A local move that does not affect existing arrangements is not considered relocation, though basic notice is still required.
The Notice Requirement
The Divorce Act requires giving at least 60 days’ written notice before relocating with your child. The notice must state the move date, new address, updated contact information, and a proposed parenting plan. Using the prescribed form is mandatory, and while courts may allow exceptions for safety concerns, skipping this step can seriously harm your case.
Need help drafting a legally sound relocation notice? Our team can ensure it’s done correctly. Contact Kolinsky Law for Expert Assistance.
How Objections Work
Once you serve notice, the other parent has 30 days to object. An objection may be filed using the official form or through a court application. If no objection is filed within that time, and no order prevents the move, you may proceed on or after the specified date. If an objection is made, however, the decision rests with a judge, who will weigh both parents’ positions and the child’s best interests.
Has your child’s other parent served you with a relocation notice? Time is critical. Call us at +1 (780)-757-6400 to understand your rights and options to object.
Who Has to Prove Their Case
The responsibility to prove a case varies with the parenting arrangement. If a child spends nearly equal time with both parents, the parent requesting relocation must demonstrate that the move benefits the child’s best interests. If the child mostly lives with the relocating parent, it is up to the other parent to show that the move would not serve the child’s best interests. In some cases, both parents share this duty.
Factors Courts Consider
The guiding principle in every relocation case is the best interests of the child. Judges look at many factors, including:
- The child’s stability and needs
- The history of caregiving
- Each parent’s effort to support the child’s relationship with the other parent
- The child’s views, when age-appropriate
- The presence of any family violence
The practicality and costs of maintaining meaningful relationships
Courts also weigh the reasons for the move, the educational or social opportunities at the new location, and how travel and virtual contact can preserve parent–child bonds.
Practical Steps for Parents
If you are considering relocation, prepare carefully. Document why the move benefits your child, such as access to better education or stronger family support. Offer a clear plan for parenting time, including extended visits, holiday schedules, and virtual contact arrangements.
Courts may also assign responsibility for travel costs, so presenting a fair cost-sharing proposal helps your case. Above all, avoid relocating without consent or a court order, as this can harm both your case and your credibility.
Building a strong case for court? Let us help you develop a compelling proposal. Email our team at [email protected] to get started.
How We Can Support You
At Kolinsky Law, we recognise that relocation cases often involve intense emotions and difficult decisions. Our team of experienced Family Divorce Lawyers in Edmonton guides parents through every step, from preparing notice to negotiating revised parenting plans and representing you in court if needed.
Relocation disputes require a balance between protecting your child’s best interests and respecting parental rights. We are committed to helping you navigate this process with clarity and confidence.
Facing a complex relocation dispute? You don’t have to do it alone. Schedule Your Strategy Session with Our Edmonton Family Lawyers Today.
About the Lawyer – David Kolinsky
David Kolinsky is the founding lawyer at Kolinsky Law and is highly regarded as one of Edmonton’s leading family law practitioners. With a focused practice on complex divorce and separation matters, including high-conflict child relocation cases, David provides strategic and compassionate legal guidance. He is dedicated to protecting his clients’ parental rights and achieving outcomes that prioritise the stability and best interests of the children involved. His direct, hands-on approach ensures clients are empowered with clear legal advice and robust representation, whether at the negotiation table or in court.
Ready to speak with an expert? Contact David Kolinsky, a Best Divorce Lawyer in Edmonton, for a consultation.
Phone: +1 (780)-757-6400
Email: [email protected]
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