What factors must one parent consider when one parent wishes to move a child out of their current physical location?
Alberta, Canada
The following excerpt is from Dahlseide v Gallagher, 2017 ABQB 505 (CanLII):
However, there are some specific factors to be considered when one parent wishes to move a child out of their present physical location. Gordon v. Goertz 1996 CanLII 191 (SCC), [1996] 2 S.C.R. 27 is the binding authority in a so called, ‘mobility’ case. There is no legal presumption in favour of the custodial parent, although the custodial parent's views are entitled to great respect. Both parents bear the evidentiary burden of demonstrating where the best interests of the child lie.
"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
If a child objects to return to the parent that has abducted or wrongfully retained the child, does the child's desire to remain with the parent be considered an acceptable reason for objection? (Alberta, Canada)
What is the onus on the parent of a child to obtain relief under s. 9 of the Child Support Guidelines? (Alberta, Canada)
When there is shared parenting and joint custody and what factors will the court consider in determining the best interests of the parties? (Alberta, Canada)
What is the test for establishing a parental relationship between a step-parent and her biological parent? (Alberta, Canada)
What is the current state of the law in Canada when it comes to determining the best interests of the child in the context of child protection matters? (Alberta, Canada)
What factors will be considered in determining whether or not a child has been found safe and well in custody? (Alberta, Canada)
Does a state action which interferes with the parent-child relationship restrict a parent's right to security of the person? (Alberta, Canada)
What factors are considered in the assessment of child support when the father works in Libya? (Alberta, Canada)
How is the relationship of a parent and child considered in a custody determination? (Alberta, Canada)
What is the difference between psychological factors and physical factors in the diagnosis of chronic pain syndrome? (Alberta, Canada)
