Form 16: Application for Order Prohibiting the Relocation of a Child

When is Form 16 the right application?

This is the objection process for a proposed relocation under section 69 of the Family Law Act. It is used where an existing written agreement or court order about parenting arrangements or contact applies to the child, and a guardian plans to relocate themselves, the child or both. The court considers the child’s best interests under section 37. An ordinary change of residence is not always a legally defined relocation.

Two deadlines you must not confuse

30 days to file: The prescribed Form 16 and section 68 of the Family Law Act say that an application to prohibit a relocation generally must be filed within 30 days after receiving written relocation notice. 7 days before the appearance: Rule 80 separately requires filing and serving the application and specified supporting materials on each other party at least seven days before the scheduled appearance. The seven-day rule is not an extension of the 30-day filing deadline. If notice is missing, late, or disputed, get legal help promptly about what procedure applies.

Notice given by a relocating guardian

Section 66 of the Family Law Act generally requires a guardian proposing relocation to give other guardians and people with contact at least 60 days’ written notice of the proposed date and location, unless the court exempts them from some or all of that requirement. Section 68’s 30-day objection period applies to another guardian seeking to prohibit relocation of the child after receiving statutory notice. Those are distinct from the Rule 80 requirement to serve court documents at least seven days before the hearing.

How to complete Form 16

1. Enter the correct BC Provincial Court registry, party information and each child affected. Identify the existing court file if you have one.
2. Identify the written parenting or contact order or agreement and attach a copy.
3. Give the date you received the written notice of relocation and attach it. If you received no written notice, accurately explain when and how you learned of the plan.
4. Describe the proposed destination and relocation date, the specific order sought, and the facts showing why preventing the move is in the child’s best interests.
5. File Form 16 and the relevant documents promptly. Confirm the court appearance details with the registry and arrange service as Rule 80 requires.

Which supporting documents must be served?

Under Rule 80(2), serve each other party with Form 16, a copy of the existing written agreement or court order, and a copy of or the details of the notice of relocation. The application must be filed and those documents served at least seven days before the court appearance. The form also asks for an address for service and relevant details about the children.

If there is no written agreement or order

Rule 80(3) expressly separates the situation where no relevant written parenting agreement or order exists. Depending on the facts, the appropriate route may be section 46 of the Family Law Act using Form 3, or a genuine urgent priority-parenting matter using Form 15. Do not assume the 30-day Form 16 framework covers every move.

Worked example

Common mistake

Do not treat a text message saying “I might move” as automatically equivalent to the statutory written relocation notice. Establish the exact dates, what was communicated, and whether the written agreement/order and relocation provisions apply. Seek advice quickly if the 30-day window may be approaching.