In Newfoundland and Labrador, you generally cannot relocate a child without consent if the move impacts the other parent’s time. You are legally required to provide at least 60 days written notice before the planned move. If the other parent formally objects within 30 days, you must apply to the court for permission.
Life is unpredictable, and opportunities for a new job, a new relationship, or a better support system often require moving. However, when you share a child with a former partner, deciding to pack up and leave is no longer just a personal choice. Under Canada’s family law system, relocating a child is considered a major event that requires strict legal compliance.
If you are planning to move a child outside of Newfoundland and Labrador, or even to a distant city within the province that disrupts the current parenting schedule, you must follow specific legal steps. Ignoring these rules can lead to serious consequences, including a judge ordering the child to be returned immediately. This guide explains the step-by-step process for a legal relocation.
Step-by-Step Process in Newfoundland and Labrador
Whether you live in St. John’s, Corner Brook, or Happy Valley-Goose Bay, the legal framework for relocation generally follows these mandatory steps. These rules apply to anyone who has parenting time or decision-making responsibility for a child.
Step 1: Drafting the Notice of Relocation
📝 You cannot simply send a text message stating you are leaving. Under the law, you must provide formal, written notice to any person who has parenting time, decision-making responsibility, or contact with the child under a court order. This notice must be given at least 60 days before the expected moving date. The notice must include the new address, contact information, the date of the move, and a proposal for how the new parenting schedule will work across the distance.
Step 2: Waiting for the 30-Day Objection Period
Once the other parent receives the formal notice, they have exactly 30 days to formally object. They can do this by submitting an Objection to Relocation form or by filing an application with the court to stop the move. If they do not object within 30 days, and there is no existing court order preventing the move, you are generally allowed to proceed with your relocation plan.
Step 3: Attending the Supreme Court (If Objected)
If the other parent files a formal objection, the move is paused. You cannot relocate the child until a judge at the Supreme Court of Newfoundland and Labrador makes a decision. The judge will evaluate the case based strictly on the “best interests of the child.” They will look at the reasons for the move, the child’s relationship with both parents, and how the relocation will improve the child’s quality of life.
| Type of Move | Impact on Parenting Time | Legal Requirement |
|---|---|---|
| Local Move (Same City) | Minimal to no impact | Basic written notice of the new address |
| Provincial Relocation (e.g., St. John’s to Gander) | Requires schedule adjustments | 60-day formal Notice of Relocation required |
| Out-of-Province Relocation | Significant impact on access | 60-day formal notice and likely a court hearing if contested |
How Much Does it Cost in Newfoundland and Labrador?
💰 Relocation disputes are often complex and highly contested, which means they can become expensive if the matter goes before a judge.
- Court Filing Fees: Filing an application at the Supreme Court typically costs between $100 and $200 CAD.
- Lawyer Fees: If you hire a local family law firm, resolving a contested relocation case can cost anywhere from $5,000 to $15,000 CAD or more, depending on the hours billed.
- Travel Costs: You may also need to factor in the long-term costs of flights or driving to facilitate future parenting time, which the court often asks the relocating parent to share.
How Long Does the Process Take?
The absolute minimum timeline is the mandatory 60-day notice period. However, if the other parent objects, you must wait for a court date. In Newfoundland and Labrador, securing a hearing for a contested relocation can take 3 to 6 months. It is highly recommended to start the legal process long before you intend to pack your bags.
Frequently Asked Questions (FAQ)
What happens if I move without giving notice?
Moving without notice is strongly discouraged. The other parent can file an urgent application to have the child returned to Newfoundland and Labrador. A judge may view your secret move negatively, which could severely harm your future chances of securing parenting time.
Do I need permission if I have sole decision-making responsibility?
Yes. Even if you have sole decision-making responsibility (formerly known as sole custody), the other parent likely still has a right to parenting time. You must still provide the mandatory 60-day notice.
Can the court stop me from moving?
No, the court cannot physically force you to stay in the province. However, the court has the authority to order that the child must remain in the province, which means you would have to leave without them.
Are there exceptions to the 60-day notice rule?
Yes, in cases of documented family violence, a judge can grant an exemption allowing you to move without providing notice to the abusive partner, but you must apply to the court for this exception.
Who pays for travel after a relocation?
The court usually decides this based on both parents’ incomes and the reasons for the move. Often, the parent who chose to relocate is asked to shoulder a larger portion of the travel expenses to ensure the child sees the other parent.
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