Relocating With Children After a Protection Order in BC

The Dispute

A mother of two boys separated from their father and could no longer afford to remain in the community where the children had lived since birth. She wished to relocate with the children to a nearby community with more affordable housing options and a stronger support network.

The father opposed the relocation and sought equal parenting time. The matter proceeded to a trial lasting more than 10 days over the course of two years.

The Parties’ Positions

The mother applied under the Family Law Act to relocate the children’s residence and to maintain the parenting arrangements and responsibilities she had exercised since separation.

The mother proposed that the father have one week of parenting time during each summer month, one week during spring break, and half of the Christmas break. She also proposed video contact three evenings per week. She relied on evidence that the children were happy and settled in their current community.

The father opposed the relocation and sought equal parenting time on an alternating weekly or biweekly basis, together with guardianship and all parenting responsibilities.

The father further contended that the marked change in the boys’ attitude toward him demonstrated parental alienation by the mother.

The Court’s Decision

The Court determined that the relocation was to be decided under Division 6 of the Family Law Act. T

The Court applied s. 69(5) and required the mother to establish that the proposed relocation was made in good faith, that reasonable and workable arrangements had been made to preserve the children’s relationship with their father, and that the relocation was in the children’s best interests.

The Court found that the proposed move was made in good faith and was in the children’s best interests and permitted the relocation. The mother remained the primary caregiver and retained final decision-making authority where the parents could not agree. The father was granted specified parenting time, both by video and in person.

Key Lessons for Relocating and Non-Relocating Parents

• Give the required 60 days’ written notice. Even where a proposed move feels urgent, the Family Law Act requires the relocating party to provide 60 days’ written notice in the circumstances contemplated by the Act. Conversely, if you receive a relocation notice and oppose the proposed move, it is important to take timely steps to oppose the relocation within the applicable 30-day period. Failing to do so may have significant consequences.
• Propose parenting arrangements when providing relocation notice. A relocating parent should consider proposing specific parenting arrangements that will allow the child to maintain a meaningful relationship with the other parent. Doing so can demonstrate that the relocation is being proposed in good faith and may also assist the parties in reaching a resolution without litigation.

ATAC LAW acts for parents in relocation matters, parenting disputes, protection order applications, and a wide range of other family law matters.