To legally relocate with a child in New Brunswick, you must provide a written Notice of Relocation to anyone with parenting time or decision-making responsibility at least 60 days before the move. If they object, you cannot move until the court approves it.
Life after separation often brings significant changes, including the need to move for a new job, better housing, or to be closer to family. 🌎 However, when you share a child with an ex-partner, moving away is not a simple personal decision. The law recognizes that a major move can significantly impact the child’s relationship with the other parent.
Whether you are planning to relocate with a child after separation from Bathurst to Moncton, or out of New Brunswick entirely, strict legal rules apply. 📍 Under the updated federal Divorce Act and the provincial Family Law Act, parents must follow a specific notification process to avoid serious legal consequences, including being forced by a judge to return the child.
Step-by-Step Relocation Process in New Brunswick
Canadian family law strongly encourages transparency and dispute resolution outside of court. The legal framework requires giving the non-moving parent ample time to understand the plan and either agree to a new parenting schedule or file a formal objection.
Step 1: Determine if Your Move is a “Relocation”
First, you must understand the legal difference between a simple move and a “relocation”. 📋 A move down the street in Fredericton that does not disrupt the current parenting time schedule is just a change of address. A “relocation” is a move that will have a significant impact on the child’s relationship with the other parent, requiring a major change to the parenting schedule.
Step 2: Draft the Notice of Relocation
If your move qualifies as a relocation, you must prepare a formal Notice of Relocation form. 📝 This legal document must include the expected date of the move, your new address and contact information, and your proposal for how parenting time and decision-making responsibility will be managed after you move.
Step 3: Serve the Notice 60 Days in Advance
You are legally required to give this Notice to any person who has parenting time or decision-making responsibility at least 60 days before your moving date. 📅 It is highly recommended to send this Notice via registered mail or through a lawyer so you have proof of the exact date it was received.
Step 4: Wait for a Response
After receiving the Notice, the other parent has 30 days to formally object. ⏳ If they do not object within 30 days, and there is no existing court order prohibiting the move, you are generally allowed to relocate. If they do object by filing an Objection to Relocation form or a court application, you cannot move the child until a judge at the Court of King’s Bench makes a final decision.
How Much Does a Relocation Dispute Cost?
The cost of relocating with a child depends entirely on whether the other parent agrees or fights the move. 💵
| Scenario / Service | Estimated Cost (CAD) |
|---|---|
| Drafting a Notice (Do it yourself) | $0 (Free) |
| Lawyer Drafting Notice & Consent Agreement | $500 – $1,200 |
| Court Filing Fee (Application/Motion) | $75 |
| Contested Relocation Trial (Lawyer Fees) | $5,000 – $15,000+ |
How Long Does the Process Take?
The statutory waiting period is the absolute minimum timeline. 🕑 You must provide exactly 60 days of notice. If the other parent objects and the matter goes to the Court of King’s Bench, it can take 4 to 9 months (or longer) for a judge to hear all the evidence and issue a final ruling on whether the relocation is in the best interests of the child.
Frequently Asked Questions (FAQ)
What happens if I move without giving notice?
Moving a child without the required 60 days’ notice or the other parent’s consent is heavily frowned upon by the courts. A judge can order the immediate return of the child, and it can severely damage your future claims for primary parenting time or decision-making responsibility.
Can I relocate if I have sole decision-making responsibility?
Yes, but you still must follow the 60-day Notice of Relocation rules if the other parent has any court-ordered parenting time (visitation). Sole decision-making does not grant you the right to secretly move the child away.
How does a judge decide if I can move?
The court strictly looks at the “best interests of the child”. They will evaluate your reasons for moving, the child’s age, their relationship with both parents, and how the move will impact their social and educational life.
Who pays for travel costs if I move?
This is negotiated or ordered by the judge. Often, the parent who chooses to relocate may be ordered to absorb the majority of the travel expenses (like flights or gas) required to maintain the child’s relationship with the other parent.
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