When will a court order that a child be relocated to a different parent?
British Columbia, Canada
The following excerpt is from C.A.P. v. M.S.P., 2015 BCSC 183 (CanLII):
Having said that, I agree with the caution expressed by Mr. Justice Betton in L.J.R., and Madam Justice Fisher in Hadjioannou v. Hadjioannou, 2013 BCSC 1682, that whether or not a relocating parent has been able to establish the relocation was made in good faith and that reasonable arrangements have been made to preserve the child's relationship with the other parent, there remains an obligation on the court to consider whether the arrangement would be in the best interests of the child. In that regard I agree that the factors set out in section 69(4) and (6) are connected to and not wholly separate from the consideration of the best interests of the child.
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