BC Family Law Act · Division 6
Parental Relocation in BC: What the Law
Says When a Parent Wants to Move
BC law strictly regulates when a parent can relocate with a child. Whether you're the parent planning to move or the parent facing a proposed relocation, understanding the rules protects your family.
Best Interests of the Child — The Only Test
What Is Parental Relocation Under BC Law?
, sections 68–79, governs parental relocation — one of the most complex and emotionally charged areas of BC family law. The law draws a careful distinction between two types of moves:
A minor move — within the same city or community — that does not materially affect the other parent's parenting time or the child's existing routines. This typically does not trigger formal relocation rules.
A move that significantly impacts the other guardian's parenting time or the child's relationship with them. This triggers the full relocation notice regime under ss. 68–79 FLA — regardless of whether the move is within BC, to another province, or internationally.
A critical principle underlies all of BC's relocation law:
the relocating parent does not have an automatic right to move with the child
. The right to relocate as an individual is separate from the right to take a child along. The child's best interests — not the parent's wishes or plans — determine the outcome.
Any guardian who plans to relocate with a child must give written notice to all other guardians at least
. This is a mandatory requirement — there is no discretion to skip it.
Upon receiving the notice, the non-moving parent has
30 days to file a written objection
with the court. If no objection is filed within that window, the move may proceed — but silence is not simply "passive" acceptance. It may be interpreted by a court as consent to the relocation. Non-moving parents who miss the 30-day window can face significant difficulties challenging the move after the fact.
When the parties cannot agree and the matter goes to court, the judge applies one standard only:
(s. 37 FLA). BC courts weigh a range of factors:
Your Child's Voice in a Relocation Case
Courts give real weight to a child's views on relocation — especially for older children. A Hear the Child Report, prepared by a trained neutral interviewer from the BC Hear the Child Society, lets a child share their perspective without being placed in the middle of their parents' dispute.
Read: Hear the Child Reports in BC
What Happens If You Move Without Notice
Relocating with a child without following the notice process is one of the most serious breaches of BC family law. Courts have wide power to respond, and the consequences can be severe and lasting:
If you have received a relocation notice and do not want your child to move, you have clear legal rights — but you must act promptly. The 30-day objection window is firm.
Time is the most critical factor for the non-moving parent. The sooner you get legal advice after receiving a notice, the more options you have.
The Justice Institute of BC offers a free, court-accepted online course covering the legal, emotional, and practical side of parenting through separation — including relocation, parenting plans, and reducing conflict.
A free BC resource written for children, teenagers, and parents going through separation — including plain-language guides on parenting arrangements and how to help children adjust when a parent moves.
Ongoing relocation and access disputes handled faster — a PC has binding authority on day-to-day parenting issues under BC's Family Law Act, without repeated court appearances.
When relocation is tied to a separation, collaborative law can resolve parenting, support, and property in one structured process — without the cost and delay of litigation.
Relocation cases move quickly. Whether you're planning to move or facing a notice from the other parent, get legal advice now.
Whether you are the parent planning to move or the parent left behind, early legal advice is essential. Parental relocation cases move quickly — protect your rights now.
Parental Relocation BC — Can I Move With My Child After Separation?
Thinking of moving with your child after separation in BC? Understand the notice rules, how far you can move, how courts apply the BCCA relocation test, and your child's best interests.
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BC family lawyer advising parents on relocation with children after separation — notice requirements, consent, court applications, and the best interests of the child standard under the Family Law Act.
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A revised proposed parenting schedule reflecting the move
A proposal for how the child's relationship with the non-moving parent will be maintained (travel arrangements, video calls, holiday schedules)
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Is the move driven by a genuine opportunity — a job, family support, affordable housing — or is it primarily to distance the child from the other parent?
Impact on the child's relationship with the non-moving parent
How will reduced geographic proximity affect the quality of the bond? Is meaningful contact still feasible?
Has the relocating parent consistently respected the existing parenting arrangement? Courts scrutinize past compliance closely.
What are the travel costs and distances involved? How old is the child? Can a realistic long-distance parenting plan be put in place?
Depending on age and maturity, the child's own preferences — gathered through a views of the child report — carry real weight.
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A court can order the child returned to BC within days of an emergency application. This applies even if the child has already settled into a new school or home.
If a parenting order was already in place, unauthorized relocation can constitute contempt — punishable by fines or, in serious cases, imprisonment.
Courts have long memories. A parent who relocates without notice faces a serious credibility deficit in all future proceedings, including any future relocation applications.
In international cases, Canadian border agencies and foreign authorities can be alerted. The Hague Convention on the Civil Aspects of International Child Abduction (to which Canada is a signatory) provides a mechanism to secure the prompt return of internationally abducted children.
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