Does the court consider whether the guardian who is planning to move with the child would do so without the child?
British Columbia, Canada
The following excerpt is from Hayun v. Hayun, 2022 BCCA 34 (CanLII):
Courts are instructed not to consider whether the guardian who is planning to move would do so without the child: s. 46(2)(b). Where one parent wants to move with the child and one wants to stay, the court is to consider each parent’s plan and not improperly assume that either one would change their planned location if the judge approved or did not approve of the child’s relocation: Duggan v. White, 2019 BCCA 200 at para. 20.
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