Moving with your kids after a separation isn’t just a personal decision in British Columbia — it’s a legal one. Under the Family Law Act, a guardian who wants to relocate a child has to follow a specific process, and skipping it can cost you the move entirely.
If you’re planning to relocate, or you just found out your ex wants to move your child away, understanding BC’s relocation rules can save you from a mistake that’s hard to undo. Legalbird’s family lawyers help parents across Surrey, Delta, Vancouver, and Abbotsford handle relocation disputes at every stage, from the first notice letter to a contested hearing.
What Counts as a "Relocation" Under the Family Law Act?
Not every move triggers the relocation rules. Under section 65, a “relocation” is a change in the residence of a child or a guardian that could reasonably be expected to significantly impact the child’s relationship with another guardian, a person with parental responsibilities, or someone with contact rights.
Moving across town usually doesn’t count. Moving to a different city, province, or country almost always does, especially if it disrupts the existing parenting schedule. These rules only apply where a written agreement or court order already covers parenting arrangements or contact.
The 60-Day Notice Requirement
If you’re a guardian planning to relocate yourself, your child, or both, section 66 requires at least 60 days’ written notice to every other guardian and every person with contact rights. The notice must state the date of the move and the name of the new city or area. There’s no official form — an email or letter works, as long as it’s in writing and reaches the right people.
This window isn’t procedural box-checking. It gives everyone time to work out new arrangements before the move happens, or to challenge it in court if they disagree.
Exceptions to the Notice Requirement
A court can waive the notice requirement if giving it would create a real risk of family violence, or if the child has no meaningful ongoing relationship with the person who’d otherwise receive it. If family violence is part of your situation, raise this exemption with a lawyer early rather than assuming you’re stuck giving notice regardless.
What Happens If the Other Guardian Objects
Once notice is given, the relocation can go ahead on the date stated in the notice unless another guardian objects. Under section 68, the objecting guardian has 30 days from the day they received notice to file a court application asking a judge to prohibit the move.
Miss that window, and the relocation can proceed. This is one of the more unforgiving deadlines in family law — there’s no built-in grace period, so if you disagree with a planned move, acting quickly matters more than building the perfect case first.
How BC Courts Decide: Best Interests, Good Faith, and the Burden of Proof
If someone files an objection, the decision goes to a judge under section 69. The court starts with the best-interests factors in section 37 — the child’s needs, relationships, stability, and any history of family violence — but relocation cases add an extra layer.
The relocating guardian has to show the move is proposed in good faith and that they’ve offered reasonable, workable arrangements to preserve the child’s relationship with the other guardian. Good faith isn’t just about intentions; the court looks at practical questions, like whether the guardian gave proper notice and whether the reasons for the move (a new job, family support, lower cost of living) hold up.
Where the burden of proof lands from there depends on how parenting time is actually split:
If the Relocating Guardian Has Most of the Parenting Time
Once they’ve shown good faith and reasonable arrangements, the move is presumed to be in the child’s best interests. The burden then shifts to the other guardian to prove it isn’t.
If Parenting Time Is Shared Roughly Equally
The relocating guardian carries the full burden. They have to prove the move is in the child’s best interests, not just that they’re acting in good faith.
This distinction decides a lot of relocation cases before the substantive arguments even start, which is why knowing your actual time-sharing split (not just what the agreement says on paper) matters going in.
What This Means If You're Planning a Move — or Fighting One
If you want to relocate, start the notice clock as early as possible and put real thought into your proposed arrangements for the other parent’s time with the child. Vague promises to “figure it out later” tend to undercut the good-faith argument.
If you’ve received notice and you disagree with the move, don’t let the 30-day window pass while you’re still deciding what to do. Filing the application preserves your right to be heard; you can always negotiate afterward.
Either way, these cases turn on details: how time is actually shared, what the notice said, and whether the proposed arrangements are realistic. Legalbird’s family lawyers can help you build that case or respond to one, whether you’re in Surrey, Delta, Vancouver, or Abbotsford.
Talk to a Family Lawyer at Legalbird About Your Relocation Case
Relocation disputes move fast, and the deadlines don’t bend. If you’re considering a move with your child, or you’ve just received notice that the other parent wants to relocate, contact Legalbird for a free 30-minute consultation. We’ll walk you through where you stand under the Family Law Act and what to do next.
Date Modified:
- July 27, 2026
Benti Atwal
Family Law Expertise You Can Trust
Benti K. Atwal is a British Columbia family law lawyer who focuses on separation, divorce, parenting disputes, child support, spousal support, and property division. She takes a client-centered, trauma-informed approach, understanding that family law matters involve both complex legal issues and significant personal impact. Benti represents clients through negotiation, mediation, and court proceedings, advocating firmly when litigation is necessary while encouraging resolution where possible.
Her practice includes parenting arrangements, parenting time, parental responsibilities, guardianship, Section 7 expenses, support claims, and the division of family property and debt. She also assists with separation agreements, prenuptial agreements, and cohabitation agreements under British Columbia law. Benti speaks fluent Punjabi and conversational French and Gujarati, allowing her to serve a diverse range of families across BC with clarity and cultural sensitivity.
