Relocation and Mobility Rights in Alberta Family Law

Few issues create more stress for separated parents than when one wants to move with a child. These situations, often called mobility or relocation cases, are among the most challenging areas of family law in Alberta. They require balancing a parent’s need for change with a child’s right to stability and ongoing relationships.

When is Relocation Appropriate?

Not every move qualifies as a “relocation.” The Divorce Act only treats a move as a relocation if it would significantly affect the child’s relationship with the other parent.

For example:

• Moving within the same community like from one Calgary neighbourhood to another may not be a relocation if it does not interfere with parenting time.
• Moving cities or provinces say from Calgary to Vancouver, almost always qualifies as a relocation because it impacts parenting arrangements.

The Legal Framework in Alberta

Alberta courts handle relocation under for married couples under the Divorce Act.

Key legal steps include:

• Notice to Relocate: The parent proposing the move must give at least 60 days’ written notice, with details of the new address and parenting plan.
• Objection: The other parent has 30 days to formally object.
• Court Application: If parents disagree, a judge decides whether the move should be allowed via a relocation hearing.

What are the Best Interests of the Child

The guiding principle in every mobility case is the best interests of the child. The courts will look at the following factors:

• The strength of the child’s bond with each parent.
• The reasons for the move (employment, family support, safety concerns, etc.).
• How the move will affect the child’s schooling, friendships, and overall stability.
• Whether the relocating parent has proposed realistic options for maintaining contact with the other parent (such as extended holiday visits or regular video calls).
• Depending on the child’s age, the opinion of the child with respect to relocation.
• The current parenting arrangement.

The parents’ wishes matter less than ensuring the child’s long-term well-being.

Burden of Proof

Under the Divorce Act:

• When parents share equal or near-equal parenting time, the parent who wants to relocate must prove the move is best for the child.
• If one parent has primary care, the parent opposing the relocation must show the move is not in the child’s best interest.

This distinction often shapes how cases are argued in court.

Practical Tips for Parents

• Be transparent: the courts expect parents to communicate openly about proposed moves.
• Show evidence: employment offers, family supports, and housing details can strengthen a case.
• Plan for long-distance parenting: Courts want to see realistic proposals for ongoing contact with the non-moving parent.

Moving Without Permission?

Parents who relocate without proper notice or agreement risk serious legal consequences. Courts may order the child’s return, change parenting orders, or consider the move as contrary to the child’s best interests.

Why Legal Advice Matters

Because relocation cases are highly fact-specific, it’s important to get guidance early. Experienced Calgary family lawyers, like the team at OP Lawyers LLP, can help parents understand their rights, meet notice requirements, and build a strong case focused on the child’s best interests. Whether you are considering a move or opposing one, having the right legal strategy can make all the difference.

Conclusion

Relocation disputes are never simple. They require balancing competing interests in a way that prioritizes the child’s future. With the right advice and preparation, parents can navigate the process more effectively and avoid costly mistakes.

Disclaimer: This blog post is intended for informational purposes only and does not constitute legal advice. For advice specific to your circumstances, please consult a qualified family lawyer at OP Lawyers LLP or another legal professional.