What is the test for having access to a child in a different location?
Alberta, Canada
The following excerpt is from RJF v. CMF, 2014 ABCA 165 (CanLII):
There is no question that the mother is entitled to live and work where she chooses. Her views as custodial parent must be given considerable respect. That said, the best interests of the child do not begin with a presumption in favour of the custodial parent. As McLachlin J. (as she then was) explained at para. 50 of Gordon v. Goertz: “In the end, the importance of the child remaining with the parent to whose custody it has become accustomed in the new location must be weighed against the continuance of full contact with the child’s access parent, its extended family and its community. The ultimate question in every case is this: what is in the best interests of the child in all the circumstances, old as well as new?”
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