Key Takeaways
- A move that would materially affect the children's relationship with the other parent is a relocation, and it triggers formal rules. You cannot simply pack and go.
- Under the Divorce Act, a relocating parent generally must give at least sixty days written notice, and the other parent has a defined window to object.
- Who has to justify the move depends on the existing arrangement: with substantially equal time, the mover must show the relocation serves the children's best interests; where the children live with the mover the vast majority of the time, the objector carries the burden.
- Moving without notice or court authorization is one of the most damaging steps a parent can take in family court.
A better job in another city. Family support back home. A new partner. The reasons parents want to move after separation are usually good ones, and none of them answer the legal question: what happens to the children's relationship with the parent who stays? Relocation is among the hardest problems in family law because someone's legitimate plans usually have to give. Since 2021 the federal Divorce Act has provided a structured framework for these cases, and knowing it before you commit to a move, or before you object to one, is essential.
What Counts as a Relocation
Not every move triggers the full relocation regime, though parents under a Divorce Act parenting order must give written notice of any change of residence, including the date and new address. Changing neighbourhoods within Calgary rarely engages the relocation rules themselves. A relocation is a change in a child's residence, or the residence of the parent, that can reasonably be expected to have a significant impact on the child's relationship with the other parent or others with a significant role. Calgary to Edmonton usually qualifies. Calgary to another province certainly does. Shorter moves can still qualify where they would gut a mid-week schedule. The test is impact on relationships, not kilometres.
Notice First: The Sixty-Day Rule
A parent with parenting time or decision-making responsibility who intends to relocate must generally give the other parent at least sixty days written notice, in the prescribed form, setting out the expected date of the move, the new address, and a proposal for how parenting time will work after the move. The other parent then has thirty days to object, in a prescribed form or by court application. If no objection is made within the window and no order prohibits it, the relocation can proceed. Courts can modify the notice requirements in some circumstances, including where there is a risk of family violence, but the default is disclosure, in writing, early.
Who Has to Prove What
The Divorce Act allocates the burden of proof according to how the children actually live now:
- Substantially equal time: the relocating parent must show the move is in the children's best interests.
- Children live with the relocating parent the vast majority of the time: the objecting parent must show the move is not in their best interests.
- Everything in between: both parents carry the burden of their own positions.
This makes the existing schedule enormously consequential. A parent with a genuinely shared arrangement faces a real hill to relocate; a clearly primary parent starts from stronger ground. It is one more reason interim arrangements deserve careful thought at the start of a separation, a dynamic we discuss in how parenting is decided in Alberta.
The Factors Courts Weigh
Relocation decisions run through the best interests of the child, with additional factors specific to moving: the reasons for the relocation, the impact on the child, the parenting time and involvement each person actually has, whether notice was properly given, any orders or agreements that specify a geographic area, the reasonableness of the mover's proposal for preserving the other relationship, and whether both parents have complied with their obligations. Two things courts explicitly do not entertain: asking the mover whether they would stay behind if the move were refused, and treating the question as a contest between the adults rather than an assessment of the child's interests.
For parents who were never married, Alberta's Family Law Act guardianship framework governs, and the practical analysis runs along similar best-interests lines, though the procedures differ. Which regime applies to your family is one of the first questions to settle; our mobility and relocation page covers both streams.
Building a Relocation Case, on Either Side
If you want to move: the strongest applications look planned rather than impulsive. Concrete arrangements at the destination, housing, school, work, extended family support, and a serious, costed proposal for the children's time with the other parent: longer blocks in summer and holidays, travel logistics and who pays, regular video contact. Give proper notice and give it early. The parent who treats the other parent's relationship with the children as a problem to be managed usually loses; the parent who treats it as something to be preserved usually earns credibility.
If you are objecting: the strongest objections are grounded in your actual, exercised involvement, not your job title as parent. School pickups, coaching, medical appointments, homework: the record of a real role is what makes the impact of distance concrete. An objection built on preventing the move rather than protecting the relationship reads as leverage, and courts see the difference.
And the hard rule for everyone: do not move without notice, agreement, or a court order. Unilateral relocation invites an order returning the children, poisons your credibility on every other issue, and can shape the final parenting arrangement against you.
Frequently Asked Questions
Can I move with my kids after separation in Alberta?
Only with agreement, court authorization, or after proper notice that goes unopposed. A move that would significantly affect the children's relationship with the other parent triggers the relocation rules, including sixty days written notice under the Divorce Act.
How much notice do I have to give before relocating with a child?
Generally at least sixty days, in writing and in the prescribed form, with the new address and a proposal for parenting time after the move. The other parent has thirty days to object.
Who has to prove a relocation is in the child's best interests?
It depends on the current arrangement: with substantially equal time the mover must justify the move; where the children live with the mover the vast majority of the time, the objector must show the move is not in their best interests; otherwise both carry their own burden.
What happens if a parent moves the children without permission?
Courts can order the children returned, and the unilateral move damages that parent's position on parenting generally. It is close to the worst procedural step available.
Do the same relocation rules apply to unmarried parents?
Unmarried parents fall under Alberta's Family Law Act guardianship framework rather than the Divorce Act. The best-interests analysis is similar, but the procedures differ, so confirm which regime governs your situation.
Get Ahead of the Move
Relocation cases are won with planning and credibility, months before anyone files anything. Whether you are hoping to move or bracing against one, early advice shapes the record that decides these cases. Book a confidential consultation or call (403) 804-0497.
This article is general information about Alberta family law and is not legal advice. Reading it does not create a solicitor-client relationship. Every situation is different, and you should speak with a lawyer about your specific circumstances.
William Aadil Musani is a Calgary family lawyer and the founder of Cunningham Family Law. Before family law, he practiced corporate law, tax law, and M&A with international firms and a Tier-1 Canadian tax boutique, experience he now applies to financially complex divorce and separation matters. More about William →