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

Marginal note:Notice

• 16.8 (1) A person who has parenting time or decision-making responsibility in respect of a child of the marriage and who intends to change their place of residence or that of the child shall notify 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:Form and content of notice

  (2) The notice shall be given in writing and shall set out

  • (a) the date on which the change is expected to occur; and

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

• Marginal note:Exception

  (3) Despite subsections (1) and (2), the court may, on application, provide that the requirements in 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.