What is the test for a motion to obtain custody of a child and what is the relevant authority on the test?
British Columbia, Canada
The following excerpt is from L.M.B. v. K.A.V., 2012 BCPC 334 (CanLII):
The applicable legal principles are not at issue. The leading authority on the test to be applied is Gordon v. Goertz, 1996 CanLII 191 (SCC), [1996] 2 S.C.R. 27. The test comprises a two-step process. One, the applicant must meet the threshold requirement of demonstrating a material change in circumstances affecting the child. Two, if the threshold is met, the applicant must establish that the proposed move is in the best interests of the child given all of the relevant circumstances for the child's needs and the ability of the respective parent to satisfy them.
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