So You Want to Move…
When separated parents or guardians in Saskatchewan consider moving with their children, it raises legal questions: when can you move? What steps must you follow? How does the law balance relocation with ensuring children maintain relationships with both parents?
Saskatchewan’s The Children’s Law Act, 2020 (“the Act”) governs these questions (and is nearly identical to it’s federal counterpart, the Divorce Act). Below is a guide to what the Act requires for relocation, what the courts consider, and what to expect if there is an objection.
What is “Relocation” under the Act?
“Relocation” means a change in residence of a child (or of a person who has parenting time or decision‑making responsibility) that is likely to have a significant impact on the child’s relationship with the other parent or person with parenting time or decision‑making responsibility.
This is different from a “change in residence” which is more minor or less likely to affect those relationships. The law treats them differently.
Key Steps: Notice, Objection, Court Authorization
If you intend to relocate with a child, the Act lays out a specific procedure:
Notice of Intended Relocation (Section 13)
You must give written notice at least 60 days before the planned relocation.
The notice must include:
the expected date of the relocation;
the (new) address and contact information; and
a proposal for how decision‑making responsibilities or parenting time might be exercised after the move.
Objection Period (30 Days after Notice Received)
Once the other parent (or person with decision‑making responsibility/parenting time) receives notice, they have 30 days to object. Objections can be filed:
in a prescribed (legal) form, or
by applying to the Court under section 8 to challenge or respond to the relocation.
When Relocation is Authorized (Section 14)
You may relocate as of the date in your notice if either:
the Court explicitly authorizes the relocation; or
the other parent does not object within 30 days in the prescribed way, and there is no court order prohibiting the relocation.
What the Court Looks At: Best Interests & Additional Factors
If there is an objection, or if you need court authorization, the Court will make its decision based on what is in the best interests of the child. Beyond the standard best‑interests factors in section 10 of the Act, there are additional relocation‑specific factors the Court must consider.
Some of these factors include:
The reasons for the proposed move. Why is the relocation being proposed? Work, family, health, lifestyle, etc.
Impact of the relocation on the child. Disruption, schooling, stability, community, friends, etc.
How much time the other parent spends with the child and how involved they are. The stronger the existing relationship, the more weight will likely be given to delays or costs in maintaining that relationship.
Whether the person intending to relocate has complied with the notice requirements and other applicable orders or agreements.
Whether there is already an order or agreement that restricts the child’s residence to a geographic area, or that otherwise limits relocation.
How reasonable the proposal is for varying parenting time or decision‑making to accommodate the relocation, considering travel costs, logistics, how often visits could occur, etc.
Whether each parent is complying with existing parenting time/decision‑making responsibilities and obligations, and whether they are likely to follow future orders or agreements.
Additionally, the court cannot consider whether the relocating parent would themselves move without the child if relocation is prohibited.
Who Has the Burden of Proof?
Who must show what depends on the existing parenting arrangement. Under Section 16 of the Act:
If the child already spends substantially equal time with each parent, the relocating parent has the burden of proving the relocation is in the best interest of the child.
If the relocating parent already has the vast majority of parenting time, then the other parent has the burden to prove that the relocation is not in the child’s best interests.
In other cases, the burden lies with whoever is making the application (or objection) for relocation.
What Can Happen if There’s No Objection
If the non‑relocating parent does not object within 30 days to the relocation notice (in prescribed form or by court application), and there is no conflicting court order, then the relocating parent may proceed without needing express court authorization.
Additional Practical Considerations & Tips
Start Early & Communicate: Because notice must be given 60 days ahead, planning is key. Early conversation may avoid disputes.
Clarity in the Notice: The more detailed your proposal about how parenting time or decision‑making will look after the move (travel schedules, virtual visitation, etc.), the better.
Costs: Courts may apportion travel/transportation costs, or adjust parenting time to make the new arrangement feasible.
Court Orders vs Agreements: If there is already a court order or agreement that limits geographic range or specifies residence areas, relocation might require more justification. You’ll need to see what your existing order or agreement says.
Risk of Family Violence: If there is a concern about family violence, the law permits modifications of the notice requirements or court applications without notice (i.e. more urgent or confidential processes) to protect the child’s safety.
What to Do When You Object: If you receive the notice and you disagree, you must respond in writing (using the prescribed form under the regulations) or file a court application within 30 days. Waiting past 30 days can limit your ability to prevent the move under the law.
When You Should Get Legal Help
If you are considering relocating with your child, or if you receive notice of another parent’s intent to relocate, you may want to consult a family lawyer in these situations:
If you don’t agree with the proposed relocation.
If the timelines (60 days notice, 30 days objection) are tight or unclear.
If there is an existing court order or agreement that might conflict with the relocation.
If there is family violence or safety concerns.
If the move is out of province or long distance, creating significant travel burdens.
Conclusion
Relocation under The Children’s Law Act, 2020 gives moving parents more clarity but also imposes clear obligations, deadlines, and tests. Central is the best interests of the child: courts will weigh how a move affects a child’s relationships, stability, and what parenting time might look like post-move.
If you're planning a move, or facing one, the earlier you plan, document your proposal, and preview how it will affect your child, the better your chances of a smooth transition or of making a strong case if court involvement becomes necessary.