What is the test for a court to order a party to relocate their residence to a different location?
British Columbia, Canada
The following excerpt is from J.G.F. v. C.L.B., 2004 BCSC 503 (CanLII):
The facts in this case bear some similarity to those in Nunweiler v. Nunweiler (2000), 78 B.C.L.R. (3d) 1, 2000 BCCA 300, where Madam Justice Saunders said at ¶ 19: The question that the trial judge was faced with is difficult: to what extent should a court require a party to relocate his or her residence to an area, and how should it balance the benefits of a child residing with one parent against the benefits of residing with another, especially when, as here, the trial judge was impressed with each party as a parent?
She went on the mention the guidance offered by Gordon v. Goertz, 1996 CanLII 191 (SCC), [1996] 2 S.C.R. 27, where McLachlin J., in dealing with the Divorce Act, remarked that reasons or motives of a parent for moving will not usually be relevant except where they reflect an improper motive. For example, where a parent decides to move solely to thwart the access parent’s contact, arguably that would show a lack of appreciation for the child’s best interests.
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