Few family-law disputes are as difficult as relocation — where one parent wants to move with a child, and the move would change or reduce the other parent's time with that child. The law does not treat this as a contest between parental "rights." It asks a single, child-centred question: what is in the best interests of this child? But how that question is approached has developed over the years.
Gordon v. Goertz (1996)
For a long time, Gordon v. Goertz was the leading case. It framed relocation as a fresh best-interests inquiry once a material change in circumstances was shown. Courts weighed factors such as the existing parenting arrangement and the strength of the child's relationship with each parent, the child's views where appropriate, the reasons for the move, the disruption to the child's schooling and community, and the effect of losing regular contact with the parent left behind. Notably, Gordon said a parent's reason for moving should not generally be examined except where it reflects on their ability to meet the child's needs — a point later cases revisited.
The 2021 Divorce Act framework
Amendments to the Divorce Act that came into force in 2021 added a structured relocation regime for cases under that Act. Key features include:
- Notice requirements: a parent who intends to relocate generally must give the other parent formal written notice, with prescribed information and timing, so the issue can be addressed before the move.
- A list of relocation factors the court must consider, layered on top of the general best-interests factors.
- Burden-of-proof rules that shift depending on the existing arrangement — for example, the analysis differs where the child spends substantially equal time with each parent versus where the child lives mostly with the parent who wants to move.
Barendregt v. Grebliunas (2022)
In Barendregt, the Supreme Court returned to relocation and re-centred the analysis firmly on the child's best interests. The decision discouraged shortcuts and reinforced that each case must be decided on its own facts, with the child — not the convenience or preferences of either parent — at the centre. It also addressed evidentiary questions about when appeal courts may consider new evidence.
What courts look at in practice
- The quality and history of the child's relationship with each parent.
- Whether a workable parenting plan can preserve the child's bond with the non-moving parent after the move.
- The reasons for the proposed move and its likely benefits and costs to the child.
- The child's own views, considered in light of age and maturity.
For education only. Relocation cases are highly fact-driven, and the applicable framework depends on whether the case falls under the Divorce Act or Ontario's provincial legislation.
This article is general information for educational purposes only and is not legal advice. For advice on your situation, book a consultation.