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Marginal note:Best interests of child — additional factors to be considered

• 16.92 (1) In deciding whether to authorize a relocation of a child of the marriage, the court shall, in order to determine what is in the best interests of the child, take into consideration, in addition to the factors referred to in section 16,

  • (a) the reasons for the relocation;

  • (b) the impact of the relocation on the child;

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  • (d) whether the person who intends to relocate the child complied with any applicable notice requirement under section 16.9, provincial family law legislation, an order, arbitral award, or agreement;

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  • (f) the reasonableness of the proposal of the person who intends to relocate the child to vary the exercise of parenting time, decision-making responsibility or contact, taking into consideration, among other things, the location of the new place of residence and the travel expenses; and

• Marginal note:Factor not to be considered

  (2) In deciding whether to authorize a relocation of the child, the court shall not consider, if the child’s relocation was prohibited, whether the person who intends to relocate the child would relocate without the child or not relocate.

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Marginal note:Burden of proof — person who intends to relocate child

• 16.93 (1) If the parties to the proceeding substantially comply with an order, arbitral award, or agreement that provides that a child of the marriage spend substantially equal time in the care of each party, the party who intends to relocate the child has the burden of proving that the relocation would be in the best interests of the child.

• Marginal note:Burden of proof — person who objects to relocation

  (2) If the parties to the proceeding substantially comply with an order, arbitral award or agreement that provides that a child of the marriage spends the vast majority of their time in the care of the party who intends to relocate the child, the party opposing the relocation has the burden of proving that the relocation would not be in the best interests of the child.

• Marginal note:Burden of proof — other cases

  (3) In any other case, the parties to the proceeding have the burden of proving whether the relocation is in the best interests of the child.

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Marginal note:Relocation authorized

• 16.91 (1) A person who has given notice under section 16.9 and who intends to relocate a child may do so as of the date referred to in the notice if

  • (a) the relocation is authorized by a court; or

  • (b) the following conditions are satisfied:

    • (i) the person with parenting time or decision-making responsibility in respect of the child who has received a notice under subsection 16.9(1) does not object to the relocation within 30 days after the day on which the notice is received, by setting out their objection in

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    • (ii) there is no order prohibiting the relocation.

• (2) The form must set out

  • (a) a statement that the person objects to the proposed relocation;

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Marginal note:Variation order

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• Marginal note:Relocation — change in circumstances

  (5.2) The relocation of a child is deemed to constitute a change in the circumstances of the child for the purposes of subsection (5).

• Marginal note:Relocation prohibited — no change in circumstances

  (5.3) A relocation of a child that has been prohibited by a court under paragraph (1)(b) or section 16.1 does not, in itself, constitute a change in the circumstances of the child for the purposes of subsection (5).

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Marginal note:Costs relating to exercise of parenting time

16.95 If a court authorizes the relocation of a child of the marriage, it may provide for the apportionment of costs relating to the exercise of parenting time by a person who is not relocating between that person and the person who is relocating the child.

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