Can a trial judge impose restrictions on an imminent relocation of the custodial parent?

Nova Scotia, Canada


The following excerpt is from Hubley v. MacRae, 2011 NSCA 25 (CanLII):

This Court in Reeves v. Reeves, 2010 NSCA 35, confirmed that a trial judge has jurisdiction to put restrictions on an imminent relocation of the custodial parent, but makes it clear that such a condition is highly unusual and is only to be imposed in rare circumstances (para. 37). In Reeves, supra, the trial judge rejected the custody plans of both parents as not being in the best interests of the children. He then crafted a custody order imposing restrictions on where the mother, who had to relocate anyway because of the severe financial circumstances of the parties, could live if she wanted custody of the children. It was not necessary for the judge in this case to take that additional step as he was satisfied the mother’s plan to have primary care of the children in Glace Bay was in their best interests.

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