A relationship ends, and one parent is ready for a fresh start — a new job in Calgary, a transfer to Fort McMurray, or simply the chance to be closer to family in another province. For many separated parents, moving on with life is normal and healthy. But once a child is involved, a move is not simply a personal decision.
Federal and provincial law both treat relocating with a child as its own issue, separate from an ordinary parenting disagreement. There are notice requirements, response timelines, and a specific test a court applies if the other parent objects. Skipping this process, even with the best intentions, can put a parent's position at real risk.
The key point is this: a parent generally cannot move a child away from Edmonton without giving the other parent notice, and where the other parent objects, without either an agreement or a court order.
Do I have to tell my ex before I move with our child?
Yes, in most situations. If you have parenting time or decision-making responsibility for a child and you intend to relocate, the law requires you to give advance written notice to anyone with parenting time, decision-making responsibility, or contact with that child. This applies whether the move is to another city, another province, or another country.
The obligation applies even if you are confident the move is good for your child, and even if you and your co-parent are getting along. Notice is not optional, and it is not something to skip because you expect the other parent to agree.
What counts as a "relocation," and does every move trigger this process?
Not every move does. A relocation, in the legal sense, is a move likely to have a significant impact on the child's relationship with the other parent — it is not simply any change of address. Moving from one Edmonton neighbourhood to another, with the same schools and the same day-to-day access for the other parent, is unlikely to trigger the full relocation process.
A move to Calgary, Fort McMurray, another province, or another country almost always will. The distinction matters: a short local move may only call for the ordinary duty to keep the other parent informed of your address, while a true relocation triggers formal notice, a possible objection, and — if the parents cannot agree — a court application.
How much notice do I have to give, and what has to be in it?
Under the federal Divorce Act (section 16.9), a parent who intends to relocate a child must give the other parent written notice at least 60 days before the expected date of the move, in the form the law requires. The notice generally must set out:
- the expected date of the move;
- the child's new address and any new contact information; and
- a proposal for how parenting time, decision-making responsibility, or contact will work after the move.
This is a legal minimum, not a courtesy heads-up. Notice that is vague, late, or incomplete can itself become a factor the court weighs if the move is later disputed.
What happens if the other parent objects to the move?
If the other parent objects, they generally must do so within 30 days of receiving your notice, in the required form, or by starting a court application. Once a valid objection is made, the move cannot simply proceed on the timeline you proposed — it becomes something to resolve by agreement, mediation, or a court order.
If no one objects within that response period and no order prohibits the move, the relocation can generally go ahead as described in the notice. But "no objection received" is not the same as "no risk." If the required notice was late, incomplete, or never given at all, that history can resurface if a dispute develops later, even after the move has already happened.
What does the court look at when deciding whether a move can go ahead?
The court's central question is what arrangement is in the best interests of the child — the same standard behind every parenting decision, with a few added factors specific to relocation. Commonly weighed factors include:
- the reasons for the relocation;
- the impact of the move on the child, including their relationship with the other parent, siblings, and extended family;
- the amount of time each parent currently spends with the child, and each parent's level of involvement in the child's life;
- whether the parent planning to move complied with the notice requirements;
- whether the proposed new parenting arrangement is reasonable; and
- any existing order, arbitral award, or agreement that already addresses a possible move.
The court gives primary consideration to the child's physical, emotional, and psychological safety, security, and well-being. Depending on the existing parenting arrangement, either parent may carry the responsibility of showing the proposed arrangement is — or is not — in the child's best interests. No outcome is guaranteed in either direction; these decisions are fact-specific.
Does this work differently if my ex and I were never married?
Possibly, yes. The federal Divorce Act relocation rules generally apply to married and divorcing spouses. Parents who were never married to each other, including former adult interdependent partners, are more often governed by Alberta's Family Law Act. Whether the Family Law Act applies the same notice periods and objection process as the Divorce Act, or a different one, is a question a family lawyer should confirm for your specific situation before you rely on either timeline.
What if I'm worried about my safety or my child's safety?
Speak with a family lawyer immediately, before taking any other step. The law recognizes that the standard notice process is not appropriate in every situation involving a risk of family violence, and there are court processes designed to address that risk directly. This is not a decision to make alone, and it is not something a general article can walk you through. If you or your child are in immediate danger, contact local police or a family violence support line first.
What happens if I move without giving proper notice?
It can seriously damage your position, even if the move itself might otherwise have been reasonable. A court can treat a parent's failure to follow the notice and objection process as a factor against them in a later best-interests decision, and an unauthorized move can lead to urgent applications, orders requiring the child's return, or a harder path to the parenting arrangement you actually wanted. There is no shortcut around this process — get advice before you move, not after.
Common questions
Can my ex and I just agree to the move ourselves?
Yes, parents can agree to a relocation without going to court, but the agreement should still be documented properly, ideally in writing and reviewed by a lawyer. A clear written agreement, including an updated parenting schedule, protects both parents and helps avoid disputes months or years later.
Does my child get to decide if we move?
Not on their own. A child's views may be considered, particularly as they get older, but a child's preference does not by itself decide the outcome. The focus stays on the child's overall best interests, not a single wish.
What if the other parent agreed at first and then changed their mind?
An informal, verbal agreement can be withdrawn before it is put in writing or before the move actually happens. If you are relying on the other parent's agreement, get it in writing and speak with a lawyer about formalizing it before you commit to movers, a lease, or a new job start date.
Practical takeaway
Relocating with a child after separation is common, and it is not automatically off the table — but it is a process, not a decision one parent can make alone once a child is involved. Give proper notice, put your plan in writing, and get legal advice before you set a moving date, not after you have already told your landlord or accepted a new job.
This article is general information only and is not legal advice, and contacting our office does not, by itself, create a solicitor-client relationship. If you are considering a move with your child, in Edmonton or anywhere else in Alberta, speak with a family lawyer about your specific circumstances, your notice obligations, and your options before you make any commitments.