What is the test for a court to consider good faith and the best interests of the child in the context of s. 46(2)(a) of the Family Law Act?
British Columbia, Canada
The following excerpt is from Kowalchuk v. Dass, 2016 BCSC 1857 (CanLII):
In considering good faith and the best interests of the child, albeit in the context of s. 46 of the Family Law Act, Mr. Justice Kent set out this test in Walker v. Maxwell, 2014 BCSC 2357 at paragraph 88: In my view s. 46(2)(a) requires the court to assess the reasonableness of the relocating parent’s desire to move. If the move is in pursuit of a legitimate interest and improvement in the quality of life, or otherwise accords with common sense and good faith, that should be sufficient to pass muster. It is only when the reasons lack substance or worse, reflect inappropriate motives, that the reasons for the change in location might militate against permitting it to occur.
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