Do relocation and change of residence have different requirements under the FLA and the DA?

Under the Family Law Act (FLA) and the Divorce Act (DA), relocation and change of residence indeed have different requirements and processes, reflecting the specific considerations and legal frameworks that apply to each.

When it comes to the FLA, which governs parenting arrangements for children outside of marriage, the legislation places significant emphasis on the best interests of the child. It outlines specific guidelines that a parent must follow when seeking to relocate with their child. This includes providing proper notice to the other parent and potentially obtaining permission, which can involve assessing how the move may affect the child's relationship with both parents.

On the other hand, the DA applies to parents who are divorcing. While it also aims to prioritize the welfare of the child, the provisions regarding relocation can differ significantly from those under the FLA. For instance, the DA may set different criteria or thresholds for what constitutes a significant change in residence and the legal obligations surrounding notification and consent in these scenarios.

Thus, due to the varied legal frameworks and considerations under the FLA and the DA, relocation and change of residence require adherence to different requirements, making this distinction essential for legal practitioners and parents navigating these laws.