Divorce Act (R.S.C., 1985, c. 3 (2nd Supp.))

Marginal note:Notice

• 16.9 (1) A person who has parenting time or decision-making responsibility in respect of a child of the marriage and who intends to undertake a relocation shall notify, at least 60 days before the expected date of the proposed relocation and in the form prescribed by the regulations, any other person who has parenting time, decision-making responsibility or contact under a contact order in respect of that child of their intention.

• Marginal note:Content of notice

  (2) The notice must set out

  • (a) the expected date of the relocation;

  • (b) the address of the new place of residence and contact information of the person or child, as the case may be;

  • (c) a proposal as to how parenting time, decision-making responsibility or contact, as the case may be, could be exercised; and

  • (d) any other information prescribed by the regulations.

• Marginal note:Exception

  (3) Despite subsections (1) and (2), the court may, on application, provide that the requirements in those subsections, or in the regulations made for the purposes of those subsections, do not apply or may modify them, including where there is a risk of family violence.

• Marginal note:Application without notice

  (4) An application referred to in subsection (3) may be made without notice to any other party.