When will a court allow a parent with custody of a child to leave the jurisdiction where the other parent has access?
British Columbia, Canada
The following excerpt is from Wainwright v. Wainwright, 1995 CanLII 2116 (BC SC):
7 That view was expressed in greater detail in MacGyver v. Richards, 22 O.R. (3d) 482, by Abella J.A.: When therefore a court has been asked to decide what is in a child's best interests and a choice must be made between the responsible wishes and needs of the parent with custody and the parent with access it seems to me manifestly unfair to treat these wishes and needs as being on an equal footing. When one adds to this the dimension that a court's decision ought to favour the possibility that the former partners can get on with their lives and responsibilities, one reaches the admittedly difficult conclusion that a parent with custody, acting responsibly, should not be prevented from leaving a jurisdiction because the move would interfere with access by the other parent with the child, even if the relationship between the child and the access parent is a good one. (p. 492)
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