When One Parent Wants to Move: Relocation and Mobility Rights in Alberta

November 19, 2025

By Noori Sidhu, Family Lawyer at Cambria Law

Few family law issues create as much stress and uncertainty as when one parent wants to move after separation or divorce. Whether it’s a new job, a fresh start, or family support elsewhere, relocation can deeply affect parenting time and a child’s stability.

In Alberta, the law recognizes that both parents have rights — the right of one to move and the right of the other to maintain a meaningful relationship with their child. But those rights must be balanced carefully against the child’s best interests, which remain the court’s top priority.

If you’re a parent in Edmonton thinking about relocating — or trying to stop a move — understanding how Alberta law handles “mobility” cases is essential.

What Counts as Relocation Under Alberta Law

Under section 16.9 of the federal Divorce Act, a relocation means any move that would significantly impact a child’s relationship with a parent or another important person.

That impact can arise from:

Moving to a new city or province, or even a different neighbourhood if travel becomes difficult.
Shifts in school catchment areas, childcare access, or support networks.
Changes that alter the balance of parenting time between parents.

In short: if the move would meaningfully change how much time or contact a parent has with their child, Alberta courts consider it a relocation.

The Legal Framework in Alberta

Relocation disputes are governed primarily by the Divorce Act for married parents and the Family Law Act for unmarried parents. Both laws require parents to focus on the best interests of the child — not the convenience or personal goals of either parent.

For separated or divorced families in Edmonton, the key considerations include:

The child’s emotional, physical, and educational needs.
The nature and strength of each parent’s relationship with the child.
The child’s views and preferences, depending on age and maturity.
The reason for the move and whether it’s made in good faith.
How the move would affect the child’s connection with both parents.

Notice Requirements for Relocation

If a parent intends to relocate, the Divorce Act requires them to give at least 60 days’ written notice to anyone who has parenting time, decision-making responsibility, or contact with the child.

The notice must include:

The proposed new address.
Contact information.
The expected moving date.
A proposed plan for maintaining relationships after the move.

The other parent then has 30 days to object in writing. If they do, the moving parent must apply to court for permission before relocating.

Failing to give proper notice can seriously harm a parent’s case, as courts expect full transparency and cooperation in relocation matters.

Who Has the Burden of Proof?

The question of who must justify a relocation depends on the existing parenting arrangement:

Primary residence with one parent: If the child spends most of their time with the parent who wants to move, that parent must show the move is in the child’s best interests.
Shared or near-equal parenting: When both parents share roughly equal time, the moving parent carries a heavier burden to prove that relocation benefits the child.

The Supreme Court of Canada’s decision in Gordon v. Goertz (1996) still guides courts today — reminding judges to weigh the child’s interests above all, not the parents’ competing desires.

What Alberta Courts Consider in Relocation Cases

In Alberta, relocation cases are decided based on evidence and practical realities, not just intent. Judges in Edmonton and other jurisdictions will often look at:

The reasons for moving (such as employment, education, or family support).
The impact on the child’s schooling, community ties, and routines.
Each parent’s history of involvement and ability to cooperate.
The feasibility of maintaining contact through visits, calls, or technology.

Even when a move is made for legitimate reasons, the court may deny it if the child’s stability or relationship with the other parent would be unreasonably disrupted.

Good Faith and Best Interests

Courts distinguish between a parent moving in good faith and one attempting to limit the other parent’s involvement. A relocation motivated by hostility, control, or an attempt to gain advantage in parenting time is unlikely to be approved.

A move may be found to be in good faith when it is:

Connected to legitimate opportunities such as employment, education, or safety.
Aimed at improving the child’s quality of life.
Made with a genuine plan to maintain the child’s relationship with the other parent.

Ultimately, good faith isn’t enough on its own — the move must still align with the child’s best interests.

When the Court Grants or Denies a Move

If the court allows the relocation, it will typically issue a new parenting order outlining:

Updated parenting time and contact arrangements.
Travel responsibilities and costs.
Communication expectations between parents and children.

When a move is denied, the relocating parent must either remain in Alberta or reconsider their parenting role if they choose to move anyway. Courts take unilateral relocations — especially without notice — very seriously and may adjust parenting time or custody as a result.

Practical Tips for Parents Considering Relocation

Plan early. Consult a family lawyer before making plans or signing a lease elsewhere.
Give proper notice. Courts expect full compliance with statutory notice rules.
Build a parenting plan. Include travel schedules, holidays, and how contact will continue.
Keep communication open. Transparent discussion can prevent escalation.
Avoid taking the child without consent or order. Doing so can result in serious legal consequences, including enforcement proceedings.

How Edmonton Lawyers Can Help

Because relocation cases involve both family and mobility rights, legal advice is important from the outset. A family lawyer can:

Assess whether your move qualifies as a legal “relocation.”
Help you prepare or respond to a notice of relocation.
Support you in negotiations or court if no agreement is reached.
Ensure your child’s interests — and your parenting rights — are fully protected.

Conclusion

Relocation and mobility cases are among the most complex areas of Alberta family law. They require careful preparation, adherence to notice obligations, and evidence focused squarely on the child’s best interests.

For Edmonton families, the law aims to strike a balance — allowing parents to pursue opportunities while protecting the child’s stability and meaningful relationship with both parents.

Cambria Law | Family Law in Edmonton

At Cambria Law, we help parents navigate relocation and parenting disputes with clarity and care. Our team can advise you on notice requirements, negotiation options, and practical strategies for presenting your case.