Acts and Regulations

2020, c.23 - Family Law Act

Section 60
Disposition versions

Full text
Relocation
60(1)A person who has parenting time or decision-making responsibility in respect of a child and who intends to undertake a relocation shall notify any other person who has parenting time, decision-making responsibility or contact under a contact order in respect of that child.
60(2)A notice under subsection (1) shall be given in writing and shall set out
(a) the expected date of the relocation,
(b) the address of the new place of residence and contact information of the person or child, as the case may be,
(c) a proposal as to how parenting time, decision-making responsibility or contact, as the case may be, could be exercised, and
(d) any other information prescribed by regulation.
60(3)A notice under subsection (1) shall be delivered with as much notice as possible in advance of the date of the planned relocation.
60(4)If a person intending to undertake a relocation is unable to provide notice under subsection (1) at least 60 days in advance of the date of the relocation, that person shall provide reasons in the notice.
60(5)Subsections (1) to (4) do not apply if an agreement filed under this Act or a court order provides a different notice requirement for a planned relocation.
60(6)Despite the requirements of this section or in the regulations made for the purposes of this section, the Court may, on application, provide that those requirements do not apply or may modify them, including when there is a risk of family violence.
60(7)An application referred to in subsection (6) may be made without notice to any other party.
Relocation
60(1)A person who has parenting time or decision-making responsibility in respect of a child and who intends to undertake a relocation shall notify any other person who has parenting time, decision-making responsibility or contact under a contact order in respect of that child.
60(2)A notice under subsection (1) shall be given in writing and shall set out
(a) the expected date of the relocation,
(b) the address of the new place of residence and contact information of the person or child, as the case may be,
(c) a proposal as to how parenting time, decision-making responsibility or contact, as the case may be, could be exercised, and
(d) any other information prescribed by regulation.
60(3)A notice under subsection (1) shall be delivered with as much notice as possible in advance of the date of the planned relocation.
60(4)If a person intending to undertake a relocation is unable to provide notice under subsection (1) at least 60 days in advance of the date of the relocation, that person shall provide reasons in the notice.
60(5)Subsections (1) to (4) do not apply if an agreement filed under this Act or a court order provides a different notice requirement for a planned relocation.
60(6)Despite the requirements of this section or in the regulations made for the purposes of this section, the Court may, on application, provide that those requirements do not apply or may modify them, including when there is a risk of family violence.
60(7)An application referred to in subsection (6) may be made without notice to any other party.