When will a court order a change in custody or order which restricts moving the child?

British Columbia, Canada


The following excerpt is from R.E.Q. v. G.J.K., 2016 BCSC 1498 (CanLII):

The reduction of beneficial contact between the child and the access parent does not always dictate a change in custody or an order which restricts moving the child. If the child’s needs are likely to be best served by remaining with the custodial parent, and this consideration offsets the loss or reduction with the access parent, then the judge should not vary custody and permit the move. (See also Mai v. Schumann, 2013 BCCA 365 at para. 62).

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