Can I Move to a Different Province During Divorce Proceedings?

Divorce can be a challenging and emotional process, and adding relocation into the mix can make things even more complex. At Grant Lee Law in Burlington, we’ve encountered many questions from clients about the possibility of moving to a different province while divorce proceedings are still ongoing. Whether it's to accept a new job, be closer to family, or start fresh, relocation during a divorce is a topic that requires careful consideration and legal understanding.

Here’s an overview of what you need to know—and when you should seek professional guidance.

Is Relocation Allowed During Divorce Proceedings?

The short answer is yes, but with conditions. Relocating to a different province during divorce proceedings is not always a straightforward decision. It's crucial to understand and address the following factors:

1. Court Jurisdiction

When a divorce case is active, the court where the proceedings were initiated typically has jurisdiction over the case. If you relocate to a different province, this could complicate matters:

• Your move may require additional legal steps to transfer the case to another jurisdiction.
• The process may lead to delays or difficulties in resolving your divorce since court appearances might be required in the current jurisdiction.

2. Impact on Spousal and Parental Rights

If children are involved in the divorce, the matter becomes even more complex. Canadian family law prioritizes the best interests of the child, which means:

• Relocating without the other parent’s consent can lead to legal disputes.
• Parenting arrangements, including custody and visitation schedules, may need to be readdressed or even temporarily altered, depending on how the move affects existing agreements.

It’s essential to note that unilateral moves could be viewed negatively by the court, especially if such a decision seems to undermine co-parenting responsibilities or acts against the best interests of the child.

3. Relocation Considerations and Permission

For moves that affect children, a formal request for relocation may be needed through the court. This includes explaining:

• Why the move is necessary (e.g., better job opportunities, family support).
• How it serves both your and your children’s interests.
• Practical solutions for maintaining the other parent’s rights and involvement, such as facilitating virtual visits or covering travel costs for in-person visits.

Courts will assess whether the move significantly disrupts the existing lifestyle and relationships of the children or creates unfair challenges for the other party.

Practical Advice if You’re Considering a Move

1. Discuss the Move with Your Lawyer

Before making any decisions—or even bringing up relocation to the other party—it’s wise to consult a family lawyer. At Grant Lee Law, we can help you evaluate your case, understand your rights, and explore pathways that align with the law.

2. Seek Consent Where Possible

If you're co-parenting, working collaboratively with the other parent is often the best approach. Open communication and shared decision-making can help reduce resistance and conflict around the relocation. Consider mediation if necessary.

3. File Necessary Applications Early

If consent cannot be obtained and relocation is critical, you may need to apply for court permission to move. Early action is key to avoid delays and complications in your divorce case.

4. Understand the Long-Term Implications

Relocating during a divorce often impacts the following:

• Access to legal representation in the new province.
• Ongoing cost and time burdens for travel, especially if court appearances or shared parenting arrangements are required.

Weigh all these considerations carefully before proceeding.

When to Seek Legal Help

Moving to a different province during divorce proceedings is not impossible, but it is a legally sensitive and emotionally complex process. Whether you’re considering a move for personal growth, financial reasons, or to provide a better environment for your children, it’s crucial that you approach the decision armed with the right information and support.

At Grant Lee Law in Burlington, we specialize in family law and understand the unique challenges faced by individuals navigating divorce and relocation. If you’re considering a move, our experienced team, led by Angela, can provide guidance tailored to your circumstances. We’ll work with you to ensure that your rights are protected and that your decisions align with legal requirements.

Speak to Angela at Grant Lee Law Today

If you’re thinking about relocating during divorce proceedings and need guidance, reach out to us for a consultation.

We’re here to help every step of the way. Reach out to 905-315-6837 to get your questions answered.

Contact our Burlington office today to discuss your case. Together, we’ll find the best solution for you and your family