Thinking of Moving Away With the Kids? Read This Before You Pack a Box

A new job. A chance to be closer to family. Lower housing costs. A new relationship. After a separation, there are plenty of legitimate reasons why a parent may want to move.

What many people don't realize is that once children are involved, a move isn't just a personal decision. It can become a legal one.

One of the more common calls I receive is from a parent who has already made plans to relocate—or, just as often, from the parent who has just learned that the other parent intends to move away with the children. In both situations, timing matters. The steps you take at the beginning can have a significant impact on the outcome.

Under BC's Family Law Act, a guardian who wants to relocate with a child must usually provide at least 60 days' written notice if the move is likely to have a significant impact on the child's relationship with another guardian or with someone who has contact with the child. The notice must include when you intend to move and the proposed new location. The other guardian then has a limited period to object.

Many people assume that because they are the child's primary caregiver, they are free to decide where the child will live. That isn't necessarily the case. The law recognizes that children often benefit from having meaningful relationships with both parents, and a relocation that makes that relationship more difficult will receive careful scrutiny.

If the relocation ends up before a judge, the legal test depends largely on the existing parenting arrangement.

If one parent has the substantial majority of parenting time, the court will generally ask whether the proposed move is being made in good faith and whether reasonable arrangements have been made to preserve the child's relationship with the other parent. If those requirements are met, the law creates a presumption that the move is in the child's best interests unless the other parent can prove otherwise.

If parenting time is shared more equally, there is no such presumption. The parent proposing the move must persuade the court that the relocation itself is in the child's best interests. That can be a considerably more difficult case to make.

People often ask me what "good faith" actually means. The answer depends on the circumstances, but the court will look at factors such as the reason for the move, whether the relocation is genuinely intended to improve the family's circumstances, and whether the legal process has been followed. Trying to relocate first and sort out the legal issues afterward is rarely a good strategy. In my experience, judges place considerable importance on whether a parent has respected both the law and the other parent's role in the child's life.

If you've received a relocation notice, don't assume there's nothing you can do. The deadlines for responding are relatively short, and waiting too long can seriously affect your options. On the other hand, if you're planning a move yourself, getting legal advice before signing a lease, accepting a job, or putting your home on the market can save you a great deal of stress and expense later.

Relocation cases are rarely just about geography. They're about balancing a parent's ability to move forward with a child's need for stability and ongoing relationships. Every family's circumstances are different, and there is no one-size-fits-all answer.

If you're thinking about relocating with your children—or you've just learned that the other parent is planning to move—it's worth getting legal advice before any major decisions are made. Addressing the issue early is almost always easier than trying to undo a move after it has already happened.