After separation or divorce, it is common for one parent to consider relocating—whether to another city in Alberta, another province, or even outside Canada. These moves may be motivated by employment opportunities, family support, housing costs, or a desire for a fresh start.
However, when children are involved, relocating is not simply a personal decision. In Alberta, moving with a child after separation is governed by federal and provincial family law principles focused on one central question: what is in the best interests of the child?
Is a Parent Allowed to Move With a Child After Separation?
The short answer is: sometimes, but not automatically.
A parent who has parenting time or primary care of a child does not have an unrestricted right to relocate with the child if the move would significantly affect the child’s relationship with the other parent.
Relocation cases are often among the most contested issues in family law because they directly impact parenting arrangements and the child’s stability.
What Counts as a “Relocation”?
In Canadian family law, relocation generally refers to a move that is likely to have a significant impact on the child’s relationship with the other parent.
This may include:
- Moving to another city or region within Alberta
- Moving to another province
- Moving outside of Canada
Even a relatively short-distance move may be considered a relocation if it affects the existing parenting schedule in a meaningful way.
Do I Need Consent From the Other Parent?
In most cases, yes—consent is required before relocating with a child if the move significantly affects parenting time.
If the other parent does not agree, the relocating parent must typically seek a court order allowing the move.
Attempting to relocate without consent or a court order can lead to:
- Court applications to return the child
- Changes in parenting arrangements
- Adverse findings in court
In extreme cases, urgency or enforcement proceedings
How Do Courts Decide Relocation Cases?
Relocation decisions are based on the best interests of the child, not the preferences of either parent.
Courts carefully evaluate the impact of the proposed move on the child’s well-being.
Key factors include:
1. The Child’s Relationship With Each Parent
Courts consider:
- The strength and quality of each parent-child relationship
- The level of involvement each parent has in daily life
- The impact the move would have on maintaining those relationships
2. Parenting History and Roles
The court will look at:
- Who has been the primary caregiver
- How parenting responsibilities have been shared
- The stability of the current arrangement
3. Reasons for the Move
The relocating parent must explain why the move is necessary or beneficial, such as:
- Employment opportunities
- Family support systems
- Educational opportunities
- Financial stability or housing needs
Courts may consider whether the move is made in good faith or primarily to limit the other parent’s involvement.
4. Impact on the Child’s Stability
Courts assess how the move would affect:
- Schooling and education
- Community connections
- Extended family relationships
- Emotional and psychological well-being
5. Feasibility of Maintaining Parenting Time
If a move is allowed, courts consider whether a realistic parenting plan can preserve the child’s relationship with the non-moving parent, such as:
- Extended holiday parenting time
- Summers or school breaks
- Virtual communication (video calls, messaging)
- Cost-sharing for travel
Who Has the Burden of Proof?
In Canada, relocation law generally places the initial burden on the parent proposing the move to demonstrate why it is in the child’s best interests.
If that burden is met, the court then considers whether the move would still be appropriate given the child’s relationship with both parents.
What If There Is a Court Order or Parenting Agreement?
Existing agreements or court orders are very important.
If a parenting order already exists, it may:
- Restrict relocation
- Require notice before moving
- Set conditions for changes in residence
Even if there is a separation agreement, courts can still review relocation disputes based on the child’s best interests.
Can the Other Parent Stop the Move?
Yes. If the non-moving parent disagrees, they can:
- File a court application to prevent relocation
- Seek changes to parenting arrangements
- Request primary parenting time if relocation is not approved
Courts will weigh both parents’ proposals before making a decision.
What Happens if Relocation Is Approved?
If the court allows relocation, it will usually adjust parenting arrangements to maintain the child’s relationship with both parents. This may include:
- Longer but less frequent visits
- Holiday and summer schedules
- Travel arrangements and cost-sharing
- Virtual contact schedules
The goal is to preserve meaningful relationships despite distance.
What Happens if Relocation Is Not Approved?
If the court denies the relocation, the moving parent generally must choose between:
- Remaining in the current location with the child, or
- Moving without the child (which may affect parenting time arrangements)
These cases often involve difficult personal and emotional decisions.
Common Misunderstandings
“I have primary custody, so I can move anywhere.”
Not necessarily. Even primary care does not guarantee relocation rights.
“The other parent doesn’t see the child much, so their consent doesn’t matter.”
Incorrect. Even limited parenting time can be legally significant.
“If I move first, the court will accept it.”
Moving without consent or a court order can negatively affect your case.
Conclusion
Relocating with a child after separation in Alberta is a complex legal issue that requires careful consideration. The decision is not based on parental preference alone, but on a detailed analysis of the child’s best interests, including their relationship with both parents and the impact of the proposed move.
If parents cannot agree, the court may ultimately decide whether the move should be permitted and what parenting arrangements will follow. Because relocation cases can significantly affect both parenting time and long-term family dynamics, it is strongly recommended that legal advice be obtained before making any decisions about moving with a child.