What are the factors used by the courts to determine the best interests of the children of a parent who wants to relocate?
Saskatchewan, Canada
The following excerpt is from Nieman v. Bull, 2000 SKQB 266 (CanLII):
As stated by Wilkinson J. in Flash v. Flash, supra, at para. 27: . . . Some of the non-exhaustive factors to be considered in determining the best interests of the children in the context of a proposed relocation by a parent are: (a) the existing custody arrangement and the relationship between the child and the custodial parent. (b) the existing access arrangement and the relationship between the child and the access parent; (c) the desirability of maximizing contact between the child and both parents; (d) the views of the child; (e) the custodial parent’s reason for moving, only in the exceptional case where it is relevant to the parent’s ability to meet the needs of the child; (f) disruption to the child of a change in custody; and (g) disruption to the child consequent on removal from family, schools and the community he or she has come to know.
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