Relocating with Children When There Is Equal Parenting Time

When parties are getting a divorce, they may need to address how they will continue to co-parent, especially if one of the parties decides to move somewhere else. Various parenting schedules can take place, and it is generally up to the parents to decide how they want to divide parenting time. If parties live far from each other after separation, it can still be challenging to facilitate parenting time, especially if the parties want to maintain equal parenting time. This is even more prominent when the children start to attend school when it will be more difficult to facilitate travel between two locations as the parties co-parent. The parties may want to consider if relocation is appropriate for their case so that they can maintain their relationship with their children. 

In this post, we will discuss the principles of relocation. We will discuss this in the context of parents having an existing parenting time schedule split equally between the parties. In particular, we will examine a case example, Monahan v Monahan, 2024 ABKB 454, which involved parents with equal parenting time. In that case, the father was seeking the children to relocate with him because the eldest child would begin school soon, and there would be challenges to facilitating the existing co-parenting schedule. This post will provide important takeaways for separated parents who are co-parenting and are considering a relocation.

What is a relocation?

Not all requests to move with the children are considered a relocation. A relocation occurs when the move is significant, covered by section 16.9 of the Divorce Act. A move would be considered significant and, therefore, a relocation if it would likely significantly impact the child’s relationship with a person who has parenting time, decision-making responsibility, or a parenting order regarding the child. In many cases, the move would affect the other parent, although it may also affect other parties if they have parenting time or contact with the child, such as grandparents. 

What are the notice requirements for a relocation?

Since relocation is anticipated to impact a party’s parenting time or decision-making responsibility significantly, there are requirements that the moving party must satisfy. The moving parent must provide notice of the move to the other parent at least 60 days before the proposed relocation. This notice must be provided to other parties with parenting time, decision-making responsibility, or contact with the child. Still, typically, this will involve a notice from the other parent. 

The party providing notice needs to provide the following information:

1. Expected date of relocation;
2. Address of new residence;
3. Contact information of the moving parent or the child;
4. A proposal for how the non-moving party can exercise parenting time, decision-making on behalf of the child, or contact with the child; and 
5. Any other requirements set out in the regulations. 

There are also special considerations if there is family violence. The notice requirements can be changed so that the moving party does not need to disclose certain information, for example. 

After the notice of the proposed relocation is provided, the non-moving party may dispute this by filing an objection. 

What are the factors for deciding if a relocation should be granted?

The most important consideration for a relocation would be the child’s best interests. The court must consider the entire context and will holistically consider the following factors to determine if the move will be in the child’s best interests:

1. The child’s needs, given the child’s age and development stage, including their need for stability; 
2. The nature and strength of the child’s relationship with each parent, the child’s siblings, grandparents, and any other person that plays an important role in their life; 
3. Each parent’s willingness to support the development and maintenance of the child’s relationship with the other parent; 
4. The history and care of the child;
5. The child’s views and preferences, given their age and maturity; 
6. The child’s cultural, linguistic, religious, and spiritual upbringing and heritage, including Indigenous upbringing and heritage;
7. Plans for the child’s care in the current location compared to the relocation destination; 
8. The ability and willingness of each parent to care for and meet the needs of the child; 
9. The ability and willingness of each parent to communicate and cooperate with each other on matters affecting the child;
10. Any family violence and its impact on the ability and willingness of the party who engaged in family violence to care for and meet the needs of the children, as well as how the parties can cooperate in light of the family violence; 
11. Whether there are any civil or criminal proceedings, orders, conditions, or measures relevant to the safety, security, and well-being of the child; 
12. The reasons for the relocation; 
13. The amount of time that each parent spends with the child, and how involved they are in the child’s life; 
14. How reasonable the relocation proposal is with respect to varying parenting time, decision-making responsibility, etc. given the location of the new residence and travel expenses. 

While the main focus is on the best interests of the child when it comes to a relocation decision, the court can also consider the following additional factors:

1. Reasons for the relocation;
2. How the relocation will impact the child;
3. How much time each parent spends with the child; 
4. The reasonableness of the proposed change in parenting time.

Children To Stay With Primary Parent for Parties With Equal Parenting Time 

In the Monahan case, the parties had two young children together. After separation, the mother lived in Calgary, while the father lived in Blackfalds. The court acknowledged that the parties had equal parenting time with the children. While the children lived with the mother, the father was involved in the children’s lives and took one or both children over on weekends and for dinner on weekdays. He would also visit the children at the mother’s apartment and stay overnight. He also attended the children’s medical appointments and financially contributed to the children. 

Given that the eldest child would start school soon, the arrangement would not work. The father sought to relocate the children to Blackfalds to live with him. 

The court dismissed the father’s relocation application, finding that while he was involved in the children’s lives, the history of the children’s care was with the mother. If the children moved, it would affect their stability, as they had previously spent most of their time living with their mother. Also, while the father had a robust plan for the activities he could arrange for the children in Blackfalds, the children were also already seeking a health specialist in Calgary, which weighed in favour of them staying in Calgary to live with their mother.

Mincher Koeman Family Lawyers Can Assist with Relocation 

It is often a contentious matter if a parent is seeking to relocate with the children, as it can significantly impact the children’s relationship with the non-moving party. The court must also consider a wide set of factors that can add complexity to one’s divorce case. If you are seeking to relocate with your children, you should speak with our family law lawyers at Mincher Koeman, who are experienced in assisting parties with relocation. Our Calgary family law lawyers are dedicated to finding the best resolution for your parenting issues after divorce. 

To book a consultation, please contact us online, or by phone at 403-910-3000.