By Jaswal Law | April 30th 2026 | Family Law
You’ve been offered a great job in another city. Or maybe your family support network is elsewhere and you need them now more than ever. Whatever the reason, you’re separated, you have children, and you want to move – and you’re not sure if you can.
This is one of the most emotionally charged situations in family law, and it comes up more often than people expect. The short answer is: it depends. And under Alberta’s new Family Focused Protocol (FFP), which came into effect January 2, 2026, the path to resolving a relocation dispute looks different than it did even a year ago.
Here’s what you need to know.
In Alberta, relocation with children after separation is governed by the Divorce Act (for married couples) and the Family Law Act (for common-law partners and others). Both laws share a common foundation: the child’s best interests come first. Your reasons for moving – no matter how valid they are – have to be weighed against the impact the move will have on your child’s relationship with the other parent.
If you have a parenting order or agreement in place, you generally cannot simply pack up and move without either the other parent’s consent or a court order permitting the relocation. Doing so without following the proper process can have serious legal consequences, including being ordered to return, losing parenting time, or being found in contempt of court.
Before you can relocate, Alberta law requires you to give the other parent written notice – typically 60 days in advance. That notice needs to include the moving date, your new address and contact information, and a proposal for how parenting time would work after the move.
This requirement exists even if the other parent has minimal involvement in your child’s life. Skipping it, or giving insufficient notice, can derail your plans and damage your credibility with the court.
If the other parent disagrees with the move, they can file an objection. At that point, the matter may need to go before a court – but under Alberta’s Family Focused Protocol, you won’t be heading straight to a judge.
The FFP now requires that parties attempt mediation or another form of alternative dispute resolution before the court will intervene in most family law matters. That includes relocation disputes. If you and the other parent cannot agree, you’ll need to complete that mediation step first (along with other FFP requirements like the Parenting After Separation course and full financial disclosure) before a judge will hear the case.
This is actually meaningful in relocation situations. A skilled mediator can help both parents find a creative solution – extended summer visits, video calls, a revised holiday schedule – that makes the move workable for everyone, including the children. A judge, by contrast, will make a decision after hearing limited information, with no guarantee either parent will be happy with the result.
Shilpa Jaswal, Jaswal Law’s principal lawyer, is a certified family law mediator, which means she can guide families through this process with the experience to understand both sides of the table and what the courts expect.
If mediation doesn’t resolve the dispute and the matter goes to court, the judge will apply the best interests test. There’s no checklist that guarantees approval or denial – courts look at the full picture. Key factors include:
The reason for the move. A genuine career opportunity, a need to be near family for support, or access to specialized care for a child with medical needs are examples of reasons courts view seriously. Moving to make life harder for the other parent is not.
The impact on the child’s relationship with the non-moving parent. Courts will ask whether there’s a realistic, workable plan to maintain that relationship across the distance. A vague promise of “we’ll figure it out” isn’t convincing.
The quality of the proposed long-distance parenting plan. Concrete proposals – block visits over school breaks, monthly weekend travel, regular video calls, cost-sharing for travel – carry far more weight than general intentions.
The child’s age, attachments, and views. Younger children often have a harder time with infrequent contact, while older children’s preferences carry more weight. A teenager who has strong roots, friendships, and activities in the current community may not want to move, and courts take that seriously.
Each parent’s willingness to support the child’s relationship with the other. If you’re the one seeking to move, courts want to see that you genuinely intend to facilitate your child’s relationship with the other parent – not just say you will.
If the other parent consents to the relocation, things move much more smoothly. You’ll still want to formalize that agreement in writing – ideally in an updated separation agreement or consent order – so there’s no confusion later about parenting schedules, travel costs, or communication arrangements. What’s agreed verbally has a way of becoming disputed over time.
Moving within Alberta. Relocating from Beaumont to Calgary is still a relocation if it significantly affects the other parent’s parenting time. Distance isn’t just measured in provinces.
Moving with a new partner. Courts don’t penalize parents for starting new relationships, but the move still needs to be in the child’s best interests – not primarily about following a new partner.
The other parent is largely absent. Even if the other parent has had minimal involvement, proper notice is still legally required. If they object, a court will still evaluate the situation – though an absent parent’s objection typically carries less weight.
You’re fleeing a dangerous situation. If there are safety concerns, different legal avenues exist and the standard rules around notice may not apply. Get legal advice immediately.
Relocation cases are among the most fact-specific in family law. What worked for someone you know – or what you’ve read online – may have very little bearing on your situation. The strongest thing you can do is get proper legal advice before you give notice, before you sign a lease, and before you make commitments you may not be able to keep.
Under the FFP, you’ll also need to plan for the mediation requirement if the other parent objects. That’s not a barrier – it can actually be an opportunity to reach a better outcome than a court would impose. But it takes preparation and the right support.
If you’re thinking about relocating with your children, or if you’ve received notice that your co-parent wants to move, we can help you understand your rights and options.
Phone: 780-737-9999
Email: info@jaswal-law.ca
Office: 5008A-50th St, Beaumont, Alberta T4X 1E6
Proudly serving Beaumont, Edmonton, Leduc, Sherwood Park, Camrose, Wetaskiwin & surrounding areas.
This blog post provides general information only and is not legal advice. For advice about your specific situation, please consult a qualified family lawyer.