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

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.