What are the factors used by the courts to determine custody of a child where the child is being moved?

British Columbia, Canada


The following excerpt is from Liggett v. Liggett, 2007 BCSC 1301 (CanLII):

Where the application for custody involves moving the child to a location which may make access more difficult, there are additional factors to be considered. In One v. One, 2000 BCSC 1584, Mr. Justice Burnyeat summarized the factors considered by the courts where there is such a move involved. These relevant factors include: (a) the parenting capacities of and the children’s relationship with parents and new partners; (b) employment security and the prospects of each spouse and, where appropriate, their partner; (c) access and support of extended family; (d) difficulty exercising the proposed access and the quality of access if the move is allowed; (e) impact on the child’s academic situation; (f) psychological and emotional well being of the child; (g) disruption of the child’s existing social and community support and routines; (h) desirability of a proposed new family unit for the child; (i) the relative parenting capabilities of each parent and their respective abilities to discharge their parenting responsibilities; (j) the child’s relationship with both parents; (k) separation of siblings; and (l) retraining / educational opportunities for the moving parent.

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