CANADA Law and Practice Contributed by: Shannon Beddoe, Annabelle Lim and Susannah Mungall, McCarthy Hansen & Company LLP
2.3.8 Costs of an Application for Relocation It is difficult to estimate the cost associated with bring - ing a court application for child relocation, as several factors can impact the cost, including: • the legal fees associated with preparing a notice of relocation/objection; • the court fees associated with filing an applica - tion or answer, which differ in each jurisdiction (although fee waivers are sometimes available, depending on the parties’ financial circumstances); • fees associated with retaining a private profes - sional to conduct a Voice of the Child Report/hire professionals to give expert evidence; and • legal fees associated with preparing an application or answer, negotiating or mediating a private reso - lution, drafting an agreement, arguing an interim motion, or preparing for trial. Furthermore, in Canada, a party that loses their legal case may be required to pay a portion of the success - ful party’s legal fees. While a costs award is discre - tionary and not automatic, this factor may ultimately increase the costs of a relocation proceeding. 2.3.9 Time Taken by an Application for Relocation Unfortunately, there is no fixed statutory deadline requiring Canadian courts to decide a child relocation application within a specified timeframe. The length of the process depends on several factors, including the urgency of the proposed move, whether parties can reach an agreement, the complexity of the issues, and the court’s schedule. If the proposed relocation is imminent and delaying would cause prejudice, a parent could bring an urgent motion. However, they would need to demonstrate genuine urgency and that delaying would likely result in serious prejudice or harm. In some cases, a parent might also seek an interim (temporary) relocation order pending the final deter - mination of their case. However, the court will con - sider whether the temporary move would effectively determine the outcome of the case before a full trial on the merits. In Ontario, if the court does not think a temporary relocation is appropriate, they may still direct that the matter proceed to trial on an expedited
• when the relocating parent has historically been the child’s primary caregiver and has presented a strong, realistic plan to ensure the other parent can continue to have a meaningful relationship with the child (including demonstrating a willingness to facilitate that relationship); • when the relocation would significantly improve the child’s quality of life; for example, when the move would provide the relocating parent with better employment opportunities, financial stability, or access to better schools, safer neighbourhoods and enhanced living conditions; • when the relocation would bring the child closer to extended family, a stronger support network, and greater sense of community; • when the child has expressed a wish to relocate and is of sufficient age and maturity that their views and preferences carry significant weight; or • when the relocating parent has experienced intimate partner or family violence and the move would promote the safety and emotional wellbeing of both the parent and the child. 2.3.7 Grounds for Opposition to Relocation Courts have considered the following factors as weighing against relocation: • when the child has historically spent relatively equal parenting time with both parents, and the relocation would significantly impair their relation - ship with the non-relocating parent; • when the relocation would disrupt the child’s stability, routine, and negatively impact the child’s meaningful relationships with the other parent, sib - lings, extended family members and friends; • when the relocation appears to be primarily intend - ed to interfere with the other parent’s relationship with the child or to alienate the child from that parent, and the relocating parent has not presented a realistic plan to preserve the child’s relationship with the non-relocating parent; or • when the child objects to the proposed reloca - tion and is of sufficient age and maturity that their views carry weight, or there is evidence that their expressed views are not independent and have been unduly influenced by the parent seeking to relocate.
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