Mobility cases arise when a parent wants to move with a child, either within Alberta or to another province or country. These decisions can significantly affect parenting time, stability, and long‑term relationships, so Alberta courts apply a detailed best‑interests analysis before approving or denying a move.
Mobility issues are governed by the Divorce Act (Canada) for married parents and the Family Law Act (Alberta) for unmarried parents.
Mobility concerns typically occur when a parent wants to move for reasons such as:
Even a move within the same city can trigger a mobility analysis if it disrupts the existing parenting schedule.
A parent proposing a move must provide written notice that includes:
The other parent may consent, object, or request a court hearing. Failure to provide proper notice can affect the outcome.
The central question is whether the move is in the best interests of the child. Courts consider:
The focus is always on the child, not the parents.
Moves are more complex when parents share 40%+ parenting time. Courts examine:
Shared parenting does not automatically prevent relocation, but it raises the threshold for approval.
If a move is approved, a revised parenting plan may include:
The goal is to preserve meaningful relationships despite distance.
A parent may oppose relocation if:
Opposition must be grounded in the child’s best interests, not parental preference.
If a parent relocates without consent or notice, the court may:
Unauthorized moves are taken seriously.
For younger children, courts focus on:
Moves involving infants require careful planning and strong evidence.
Teenagers’ views carry significant weight. Courts consider:
Teenagers often influence the outcome more than younger children.
Mobility and relocation services are available to clients across:
Mobility cases are among the most complex and emotionally charged areas of family law. Whether you are proposing a move or opposing one, clear, strategic guidance ensures your child’s best interests remain at the centre of every decision.
With informed support, you can navigate relocation issues with confidence and protect your child’s long‑term well‑being.
A mobility application is a request to move a child’s primary residence. This can include moves within Alberta, to another province, or internationally. If the move affects the existing parenting schedule, consent or a court order is required.
Yes. If the move impacts the other parent’s parenting time or relationship with the child, you must obtain either the other parent’s written consent or a court order approving the relocation.
A parent proposing a move must provide written notice that includes:
The other parent may consent, object, or request a court hearing.
Courts apply a detailed best‑interests of the child analysis, considering:
The focus is always on the child, not the parents.
Shared parenting (40%+ time for each parent) does not automatically prevent relocation, but it raises the threshold. Courts closely examine whether the move would disrupt the child’s established routine and relationships.
It depends. If the move significantly affects the parenting schedule, school placement, or the other parent’s ability to exercise parenting time, it may still require consent or a court order.
Unauthorized relocation can lead to:
Courts take unapproved moves very seriously.
f relocation is approved, parenting plans may include:
The goal is to preserve meaningful relationships despite distance.
Courts focus on attachment, routine, and developmental needs. Moves involving very young children require strong evidence and carefully structured parenting plans.
Teenagers’ views carry significant weight. Courts consider their preferences, school commitments, friendships, and community ties. Teenagers often influence the outcome more than younger children.
Yes. A parent may oppose a move if it harms the child’s stability, disrupts established relationships, or is not supported by a realistic parenting plan. Objections must be grounded in the child’s best interests.
A valid reason, such as employment, safety, or family support, may strengthen the case, but it is not enough on its own. The court must still determine whether the move benefits the child.
Not always. Some cases resolve through negotiation, mediation, or parenting coordination. High‑conflict or contested moves typically require a court application.
Common materials include:
The first step is a consultation to review the proposed move, assess the best‑interests factors, and develop a strategy, whether you are seeking relocation or opposing it. Clear, early planning is critical in mobility cases.
Content posted on our website is not legal advice. Please contact us for legal advice specific to your unique circumstances.