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

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

      • (A) a form prescribed by the regulations, or

      • (B) an application made under subsection 16.1(1) or paragraph 17(1)(b), and

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

• Marginal note:Content of form

  (2) The form must set out

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

  • (b) the reasons for the objection;

  • (c) the person’s views on the proposal for the exercise of parenting time, decision-making responsibility or contact, as the case may be, that is set out in the notice referred to in subsection 16.9(1); and

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