View source for Family Violence in the Family Law Act and the Divorce Act

==Family violence and moving away after separation==

When determining whether a guardian may relocate to a new place with a child, the parties and the court must consider the best interests of the child. As set out in sections 37 and 38 of the ''Family Law Act'' and sections 6(3) and 16(4) of the ''Divorce Act'', one of the factors that must be considered in determining a child’s best interests is the impact of family violence.

In [https://canlii.ca/t/jpbbg ''Barendregt v Grebliunas''], 2022 SCC 22, the trial judge allowed a mother to relocate with the children in order to be closer to family support and away from family violence. The move was within British Columbia, but over 800 kilometers away. The matter was appealed up to the Supreme Court of Canada, which confirmed the order allowing relocation and said that “[b]ecause family violence may be a reason for the relocation and given the grave implications that any form of family violence poses for the positive development of children, this is an important factor in mobility cases”. 

Additionally, section 66(2)(a) of the ''Family Law Act'' and section 16.9(3) of the ''Divorce Act'' allow a court to modify or waive the required period of notice with respect to an application to relocate with children in certain circumstances, including when there is a risk of family violence. In practice, relocation is not often allowed without notice to a child’s other guardians, so when bringing an application to relocate without notice it may be helpful to consider also seeking additional or alternative protective measures, such as protection orders, conduct orders, or restrictions on parenting, to be applied if the court does not allow relocation to occur without notice.