When the Family Law Act relocation division applies
Sections 65–71 apply where a guardian plans a qualifying relocation and a written agreement or order respecting parenting arrangements or contact applies to the child. The Act defines relocation by its expected significant impact on the child's relationship with a guardian or other significant person.
What if there is no existing written agreement or order?
A proposed move can still be relevant, but the statutory route may be different. Section 46 addresses changes to a child's residence in certain cases where no written parenting agreement or order applies. That distinction matters when deciding what application to bring.
The Divorce Act has its own regime
For children of a marriage governed by the federal Divorce Act, section 16.9 requires at least 60 days' notice in the prescribed form for a relocation. Section 16.91 provides a 30-day objection mechanism. A Supreme Court case may therefore require careful attention to which statute and existing order govern.
Evidence the court considers
The Family Law Act requires consideration of the child's best interests plus the relocation-specific factors in section 69. The burden framework can depend on the parenting arrangement. The Divorce Act has its own relocation factors and burden provisions.
Urgency and exemptions
Both regimes contain mechanisms that can affect notice requirements in appropriate circumstances, including family-violence concerns. Because deadlines are short and factual consequences can be significant, relocation disputes are a strong candidate for early legal advice.
Cost planning
Early advice can be cheaper than emergency litigation after notice is missed or a move is imminent. Keep the existing order/agreement, the relocation notice, proposed parenting schedule, travel-cost information and evidence about the child's circumstances together for efficient review.