Under the updated Divorce Act and PEI family laws, you cannot simply move a child away without permission. You must provide a formal written Notice of Relocation to the other parent at least 60 days before the planned move. If they object within 30 days, the move is paused until a judge decides what is in the child’s best interests.
Life circumstances change. You might receive a lucrative job offer in Alberta, wish to move closer to extended family in Nova Scotia, or need to relocate for specialized medical care. 🚚 However, when you share parenting time or decision-making responsibility (formerly known as custody) in Prince Edward Island, moving away with a child is one of the most legally complex actions you can take. The law recognizes that relocating can severely impact the child’s relationship with the other parent. Therefore, strict procedures must be followed to ensure the child’s best interests remain the absolute priority.
Step-by-Step Relocation Process in Prince Edward Island
Whether you are married and governed by the federal Divorce Act, or common-law and governed by the PEI Children’s Law Act, the rules regarding relocation have been heavily standardized across Canada. 🏱 You cannot simply pack your bags in Charlottetown and leave. Following the exact legal procedure is mandatory; failing to do so can result in a judge ordering the immediate return of the child at your expense.
Step 1: Draft the Formal Notice of Relocation
The process begins by drafting a standardized Notice of Relocation. 📝 This is not a casual text message; it is a formal legal document. The Notice must clearly state the expected date of the move, the exact new address and contact information, and most importantly, a detailed proposal of how parenting time will continue with the parent staying behind (e.g., summer holidays, March break, video calls).
Step 2: Serve the Notice 60 Days in Advance
You must provide this formal Notice to any person who currently has parenting time, decision-making responsibility, or contact with the child under a court order or agreement. 📅 This must be done at least 60 clear days before your anticipated moving date. Retain proof that the Notice was delivered, as the timeline is strictly enforced by the Supreme Court of Prince Edward Island.
Step 3: Wait for the 30-Day Objection Period
Once served, the other parent has 30 days to formally object. ⏱️ They can object by filling out an Objection to Relocation form or by applying to the court. If 30 days pass and they have not filed an objection, and there is no court order prohibiting the move, you are legally permitted to relocate as of the date specified in your Notice.
Step 4: Attend a Court Hearing (If Objected)
If the other parent files an objection, the relocation is frozen. ⚠️ You cannot move the child until a judge at the Supreme Court makes a ruling. A hearing will be scheduled where the judge will analyze a variety of factors to determine if the move is in the child’s best interests.
| Current Parenting Arrangement | Who Has the Burden of Proof in Court? |
|---|---|
| Applicant has the Vast Majority of Time | The parent objecting to the move must prove that relocating is not in the child’s best interests. |
| Parents Share Time Substantially Equal | The parent wanting to move must prove that the relocation is in the child’s best interests. |
| No Formal Agreement / Order Exists | Both parents must present evidence; the judge decides entirely based on the child’s best interests. |
How Much Does it Cost to Litigate Relocation in PEI?
Relocation cases are notoriously difficult and highly contested, which drives up costs. 💵 Here are the typical expenses in CAD:
- Drafting a Notice: Having a lawyer prepare and serve a compliant Notice of Relocation usually costs between $300 and $700 CAD.
- Court Filing Fees: If litigation is required, Supreme Court filing fees range from $150 to $250 CAD.
- Litigation Legal Fees: Because relocation is an all-or-nothing issue that often goes to trial, hiring a law firm to represent you can cost anywhere from $10,000 to $30,000+ CAD.
- Travel Costs: If you lose and have already moved, the judge may order you to pay the other parent’s legal fees and travel costs to retrieve the child.
How Long Does the Process Take?
You must plan far ahead. 🕑 The initial notice period mandates a minimum wait of 60 days. However, if the other parent objects and the case goes to the Supreme Court of PEI, securing a trial date and receiving a final judgment can easily take 6 to 12 months. Judges do not rush relocation decisions.
Frequently Asked Questions (FAQ)
What happens if I just pack up and move without giving notice?
Moving a child without notice or permission is extremely dangerous legally. The left-behind parent can file an urgent ex parte motion, and a judge will likely order police or authorities to return the child immediately. It will also severely damage your credibility in future custody disputes.
Does the court care why I am moving?
Yes, the reasons for the move are heavily scrutinized. Valid reasons include a confirmed job offer with significantly better pay, a military transfer, or escaping family violence. Moving simply to spite the other parent or limit their parenting time will result in a denial.
Who pays for the child’s travel expenses after a relocation?
This is negotiated or ordered by the judge. Often, the court will require the parent who chose to move to bear the majority of the travel expenses (like flights from PEI) to ensure the child maintains regular contact with the other parent.
Can a child decide if they want to move?
A child’s views and preferences are considered, but they are not the only factor. The older and more mature the child (typically teenagers), the more weight the judge will give to their desires, provided they are not being pressured by a parent.
What if we live in PEI, but the other parent hasn’t seen the child in years?
If the other parent has completely abandoned their relationship with the child and does not exercise their parenting time, the court is much more likely to approve your relocation, though you must still follow the formal 60-day notice procedure if an order exists.
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