Moving With Your Kids After Separation: The 60-Day Rule

Next Chapter Series · Impact Realty Group

A new chapter often comes with a new address. Closer to family. Closer to work. A better school. A fresh start in a neighbourhood that doesn't carry old memories. All good, reasonable, human reasons to move.

But if you're a separated or divorced parent, there's a legal step that catches a lot of people off guard — not because they're doing anything wrong, but because nobody told them it existed.

Not every move is "just a move"

Under BC's parenting laws, a move can be considered a legal "relocation" if it would significantly affect a child's relationship with the other parent — their school, their routine, the time they spend together. That threshold can be lower than people expect. It doesn't have to be a move across the country. A move across the city, or even a smaller move that changes a child's school or shifts an established parenting schedule, can still count.

If the move won't meaningfully affect the other parent's time or relationship with the child, it may not be treated as a legal relocation at all. But when it's unclear, it's worth finding out before you sign a lease or make an offer, not after.

The 60-day notice most parents don't know about

If you have an existing parenting agreement or court order and you're planning a move that qualifies as a relocation, BC law generally requires 60 days' written notice to the other parent and to anyone else with a legal right to contact with the child — even if you're confident the other parent will be completely fine with it.

This notice needs to happen whether or not you're moving with the child. It needs to be in writing. And if the other parent disagrees, they typically have a window — around 30 days after receiving notice — to file an objection.

I want to be clear about why this matters practically, not just legally: skipping this step doesn't just create legal risk. It can also mean signing a purchase agreement or lease before you actually know whether the move can proceed as planned. Getting the notice period right protects your timeline as much as anything else.

Courts look at "good faith"

If a move does become contested, the reason behind it matters. Courts consider whether the parent proposing the move is acting in good faith — genuine reasons like a new job, family support, or a meaningfully better living situation carry weight. Any existing restrictions on relocation written into a parenting agreement or court order are also considered.

This isn't meant to make a reasonable move sound complicated. It's meant to explain why the timeline and the "why" both matter more than people expect going in.

This doesn't mean don't move — it means move with a plan

None of this is a reason to put your life on hold. People move after separation all the time, successfully and without conflict. The difference between a smooth move and a stressful one is almost always the same thing: knowing the notice requirement exists, building it into your timeline, and having the conversation in writing early rather than assuming it'll sort itself out.

Practically, that means: figure out whether your planned move counts as a relocation, build the 60-day window into your house-hunting or lease timeline, and put your reasoning in writing even when things are amicable. It protects everyone, including your relationship with your co-parent going forward.

Where this leaves you

When you're ready to actually look for a new home — whatever's driving the move — I can help you think through timing that works alongside these requirements, not against them. That's a real estate conversation. The legal side of relocation itself is one worth having with a family lawyer first.

This is general information, not legal advice. Relocation rules can be affected by your specific parenting agreement or court order — always confirm your situation with a family lawyer before making moving plans.

Be gentle with yourself — this chapter doesn't have to be figured out today, just the next right step. I'm here when you're ready.

— Navi

Book a free Fresh Start consultation: calendly.com/impactrealtygroup111/fresh-start-consultation

Sources: BC Family Law Act (relocation and parenting arrangements provisions); Province of British Columbia, "What happens if one parent wants to move?"; Clicklaw Wikibooks, "Moving Away after Separation."