4 Tips on Moving with Your Child from British Columbia

Moving with your child is a difficult and complex part of BC Family Law. Our Vancouver Child Relocation Lawyers are here to give you some tips on moving with your child.

Tip #1: Are the Arrangements Formal or Informal?

Before moving with your child, answer the following questions:

1. Do you and your spouse have an informal arrangement for the custody of your child? 
2. Do you and your spouse have a formal arrangement such as a separation agreement or court order relating to the custody of your child?

If you have informal arrangements, you first need to prove to the judge whether you have the child more than 40% of the time in your care or less? If you have the child more than 40% of the time, that is a shared parenting arrangement.

If you have formal arrangements, the court order or separation agreement spells out whether the custody situation is shared or whether it is a primary resident arrangement.

Tip #2: Notice For Moving with Your Child

Under the BC Family Law Act if you decide to move with your child, you must:

• Provide a 60-day notice to the other parent of the child, indicating the intended date of move and the location
• The other parent has 30 days to respond to this notice and state whether he or she agrees or objects to relocation with your child.
• Notice has to be in writing for both parents. 
• If the other guardian objects, a hearing must be held in Court to determine whether the intended move will be allowed or not.

Tip #3: Different Tests for Moving with Your Child

If you have the child in your care more than 60% of the time, you need to prove the following in Court: 

1. the proposed relocation is made in good faith, and
2. You have proposed reasonable and workable arrangements to preserve the relationship between the child and the child’s other parent;

If the judge is satisfied with the factors above, then moving with your child will be allowed unless the other parent satisfies the court otherwise.

If it is a shared parenting situation and you each have the child more than 40% of the time, then in addition to the above factors, you must prove: 

That moving with your child is in fact his or her best interest. So the courts won’t just assume that it is as long as you meet #1 and #2 above. You have to go one step further and prove the move is in the child’s best interests.

Tip #4: What is ‘Good Faith’ for Moving with Your Child?

Good faith is determined by:

1. the reasons for the proposed relocation;
2. whether the proposed move is likely to improve the general quality of life of the child or yourself including increasing emotional well-being or financial or educational opportunities;
3. whether notice was given as described above. 
4. any restrictions on relocation contained in a written agreement or an order.

Appealing a Child Relocation Decision

If the court makes a decision that is different than what you believe is right,  an appeal will be your only option. You cannot simply disregard a court order on custody and relocation, as you could face serious consequences including jail time.  You must ask the BC Court of Appeal to give a decision that you like. But the appeal is not just another way of getting what you want. You need to find serious errors in the other judge’s decision.

Statistically, only 1 in 3 appeal cases win.

A Vancouver Relocation Lawyer can help you go through the formal process of requesting relocation or an appeal. Relocations and appeals are extremely complicated and intricate. They require important procedural and substantives rules that need to be followed. If you do not follow them, relocation or appeal will be dismissed without being heard. Contact our award-winning Vancouver Child Relocation Lawyers at by clicking here or call 604-974-9529.