After separation, parents often need to make practical changes—accepting new employment, moving closer to family supports, or finding more affordable housing. In British Columbia, a move with a child can become a legal issue if it meets the Family Law Act (FLA) definition of a “relocation.” When that framework applies, there are clear notice requirements and a defined process for objections. Missteps—especially moving too quickly or without proper notice—can lead to urgent court applications and significant consequences.
This article provides a concise overview of how relocation works under BC law and what courts focus on when a move is disputed.
1. What counts as a “relocation” under the FLA?
Under the FLA, a move is generally a relocation if it is likely to have a significant impact on the child’s relationship with another guardian or with a person who has parenting time or contact. The legal focus is not mileage alone. A move to another province will almost always affect a child’s relationship with the other parent in a significant way. However, a move within the same region can also qualify if it meaningfully disrupts a functioning schedule—such as regular weekday parenting time, school-based exchanges, or the child’s ability to participate in the other parent’s routines and community.
Because “impact” is the core concept, the first practical question is often whether the proposed move changes the child’s life and relationships in a way that the law treats as a relocation, as opposed to a routine change of address.
2. The 60-day written notice requirement (and limited exceptions)
Where a guardian proposes to relocate with a child, the FLA generally requires at least 60 days’ written notice to the other guardians and to anyone who has parenting time or contact with the child. The notice must include the proposed relocation date, the location, and a proposal for revised parenting arrangements after the move.
A relocation notice should be treated as more than a heads-up. In contested cases, the court will expect that the notice (and any follow-up communication) reflects a genuine effort to explain how the child’s key relationships will be preserved after the move. A notice that lacks detail, is delivered at the last minute, or appears designed to force a crisis timeline can materially weaken the relocating party’s position.
The FLA also recognizes that there are circumstances where standard notice may not be appropriate—most commonly where safety or family violence concerns are engaged. In those cases, the court can manage notice requirements and related protections based on the evidence.
3. Is written consent or a court order required before moving?
A frequent misconception is that a parent always needs the other parent’s written consent or a court order to relocate. The FLA is more procedural than that: it is built around notice and the opportunity to object.
If the other affected guardian (or a person with parenting time/contact) provides written consent, the relocation can generally proceed on the agreed terms. In practice, it is prudent for any consent to be paired with an updated parenting plan addressing travel, holiday time, communication, and cost-sharing, so that the post-move arrangements are clear and enforceable.
If there is no consent, the key issue becomes whether the other party objects within the statutory timeframe and brings the dispute to court for determination. Where there is a timely objection and the matter is properly before the court, the relocating guardian will generally require a court order to relocate with the child.
Existing orders or written agreements can also change the landscape. Some contain mobility terms (for example, restrictions on removing a child from a specified area, or requirements for particular notice). If a proposed move conflicts with an existing order, it may require a variation or further court direction before the move occurs.
4. How BC courts decide disputed relocation applications
Relocation disputes are determined under the FLA’s best interests of the child test, but the relocation provisions add specific structure to the analysis. The court’s task is not to decide which parent has better personal reasons for moving or staying. The question is whether the proposed relocation, in the context of the family’s circumstances and the statutory framework, is in the child’s best interests.
Two themes commonly drive outcomes:
First, good faith. The FLA requires the court to consider whether the proposed relocation is made in good faith. Legitimate motivations—such as employment, education, housing stability, proximity to family supports, or safety—can be relevant, but the court will also scrutinize conduct. Timing, transparency, and the relocating parent’s approach to preserving the child’s other relationships often matter as much as the stated reason for the move.
Second, whether there is a reasonable proposal for parenting time/contact after relocation. Courts tend to focus heavily on the practicality of the plan: whether it is workable during the school year, how travel will occur, who will pay, how exchanges will be managed, and whether the proposal realistically maintains the child’s relationship with the other parent. A vague plan (“lots of video calls” or “we will figure it out”) is rarely persuasive. A detailed plan tailored to the child’s age, schedule, and needs usually carries more weight.
The FLA also directs that the court must not decide the case based on whether the relocating guardian would move without the child. The analysis remains child-centred and grounded in the statutory relocation framework, rather than using “would you still move?” as a deciding factor.
Finally, it is important that the FLA treats cases differently depending on the parenting arrangement before the move. Where parenting time is substantially equal, the relocating parent typically faces a more demanding best-interests analysis because the move would fundamentally change the child’s lived experience of having two active households. Where the child resides primarily with one guardian, and that guardian shows good faith and a reasonable proposal, the legislation can shift the onus in a way that is more favourable to relocation. This distinction is one reason why relocation outcomes can vary significantly between families.
5. What happens if someone relocates without following the FLA process?
Relocating without proper notice, in the face of a dispute, or contrary to an existing order can trigger immediate court intervention. The court may order the child returned, revise parenting arrangements, and treat unilateral action as evidence that a parent is unwilling to support the child’s relationship with the other parent—an issue that can affect future parenting determinations and costs. In short, creating a “new normal” by moving first is a high-risk approach under BC’s relocation regime.
Relocation cases depend heavily on individual family circumstances and the specific needs of the child involved. Outcomes can vary significantly from case to case. If you are considering relocation or responding to a proposed move, Northam Law Corporation can provide advice tailored to your situation. Please contact us at 604-630-2350 or melissa@northam-law.com
** The information in this article is for general informational purposes only and does not constitute legal advice. Laws can and do change over time and every legal situation is unique. You should consult with a qualified legal professional, such as the team at Northam Law, to obtain advice tailored to your specific circumstances before making any decisions.
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