The case ultimately turned on a detailed analysis of the former spouse’s travel documentation and a resulting successful cross-examination which satisfied the trial judge, Mr. Justice Melynk, that the present parenting schedule was materially different from that envisioned by earlier orders. He found that what was envisioned was that the parties would parent the child as equally as possible. In his decision (Yu v. Jordan, 2012 BCSC 92), Mr. Justice Melnyk wrote at paras. 9 and 10 as follows:
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