What is the test for looking at the reasons the father moved the children?
Manitoba, Canada
The following excerpt is from Foster v. Jaques, 2016 MBQB 6 (CanLII):
Gordon v. Goertz expressly condones looking at the reasons the father moved the children, although that ought not to be done in every case. At paragraph 49(7)(e) of the decision, McLachlin J. (as she then was) made it clear that the custodial parent’s reasons for moving a child should be considered “only in the exceptional case where it is relevant to that parent’s ability to meet the needs of the child”. Here, the father moved the children to meet their financial and care needs.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
When will the court rely on representations made by a custodial parent that they will not move without the children if an application to relocate is denied? (Manitoba, Canada)
What are the reasons for a custodial parent’s intended “move away”? (Manitoba, Canada)
How have courts interpreted the inadmissible chain of reasoning of the Inad-missible Chain of reasoning? (Manitoba, Canada)
What factors and considerations will the court consider when determining time sharing between the mother and father of the children? (Manitoba, Canada)
When a father dies without any arrears owing on account of maintenance payable to his children when the former husband dies, can the ex-wife's claim be maintained under the provisions of the Testator's Family Maintenance Act? (Manitoba, Canada)
What is the test for determining whether a seizure is reasonable and reasonable? (Manitoba, Canada)
How has access to children been treated under s. 17(5) of the Divorce Act, 1985? (Manitoba, Canada)
Can a judge review a finding of mixed fact and law in respect of the reasonable and probable grounds for the demand for breath samples? (Manitoba, Canada)
How has reasonableness been defined in the context of a judicial review? (Manitoba, Canada)
When will the court order child support for the children of a separated parent from the date of the separation date? (Manitoba, Canada)
