When a parent wants to move with a child in a way that affects the other parent's time, the governing question is the best interests of the child. There is no presumption for or against relocation.
Amendments to the Divorce Act in force since March 2021 add a formal notice requirement and a list of relocation factors, and set out which parent bears the burden depending on the existing parenting arrangement. The court weighs each parent's plan, reasons and the child's circumstances.
Supreme Court of Canada
Gordon v Goertz
[1996] 2 SCR 27 · May 2, 1996
Setting the framework for a custodial parent's proposed relocation with a child, the Court held there is no presumption for or against the move; the sole question is the best interests of the child in all the circumstances.
1996
Gordon v GoertzLeading case
[1996] 2 SCR 27
No presumption either way; the move is judged solely on the child's best interests.
2021
Divorce Act amendmentsStatute
SC 2019, c 16
Notice requirements, a relocation-factors list, and rules on who bears the burden take effect.
Today
Statute + case law
Courts apply the codified factors within the best-interests standard.