What factors will the court consider in deciding whether a custodial parent should be permitted to move?

British Columbia, Canada


The following excerpt is from P.V. v. D.B., 2007 BCSC 237 (CanLII):

Burnyeat J. in One v. One (2000), 81 B.C.L.R. (3d) 315, 2000 BCSC 1584, set out a list of twelve factors that courts in British Columbia have considered since Gordon v. Goertz in deciding whether the custodial parent should be permitted to move. These are (at ¶ 24): 1. Parenting capabilities of and children’s relationship with parents and new partners; 2. Employment security and prospects of each spouse and, where appropriate, their partner; 3. Access to and support of extended family; 4. Difficulty of exercising proposed access and quality of proposed access if move is allowed; 5. Effect upon children’s academic situation; 6. Psychological and emotional well-being of children; 7. Disruption of children’s existing social and community support and routines; 8. Desirability of proposed new family unit for children; 9. Relative parenting capabilities of either parent and respective ability to discharge their parenting responsibilities; 10. Child’s relationship with both parents; 11. Separation of siblings; and 12. Retraining or educational opportunities for the moving parent. [Authorities omitted]

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