top of page

Can My Ex Move With the Kids Without My Consent in Ontario?

  • Mar 12
  • 2 min read


By: Amanda Willing


The Short Answer: Usually No.

If a move will significantly affect your parenting time, your ex generally needs:

  • Your written consent, or

  • A court order


Relocating without addressing it legally is risky.



But Here’s What Many Parents Don’t Realize

If a parent moves without permission, the court does not automatically order the child to return.

Instead, the judge asks one question:


What is in the child’s best interests?


What Courts Look At

In relocation cases, judges consider:

  • Is the child stable and settled?

  • How is the child doing emotionally and academically?

  • Will forcing a return create more disruption?

  • Is there high conflict or family violence?

  • Can the parents realistically co-parent?


Stability carries significant weight.



High Conflict Changes Things

Where there is:

  • Ongoing hostility

  • Family violence

  • Failed shared parenting

  • Inability to communicate


Courts may decide joint decision-making no longer works and give one parent final authority.



If There’s Already a Court Order

To change an existing parenting order, there must be a material change in circumstances — something significant that affects the child.


Only then will the court reconsider parenting arrangements.



Key Takeaways

  • You usually need consent or a court order to move with a child.

  • Moving without permission is risky — but not automatically reversed.

  • The child’s best interests override everything.

  • Stability often outweighs technical mistakes.

  • High conflict and violence heavily influence outcomes.



Thinking About Moving — or Worried Your Ex Might?

Relocation disputes are high-stakes and emotionally charged. The outcome can permanently affect your parenting relationship.


If you are considering a move or responding to one, get legal advice early.


Contact our office to schedule a confidential consultation and protect your parental rights.


 
 
 

Comments


bottom of page