What is the test for a child's best interests when a parent is seeking to move to a new home with a new partner?
British Columbia, Canada
The following excerpt is from Agnew v. Wocknitz, 2010 BCSC 330 (CanLII):
Since the Gordon v. Goertz decision ((1996) 1996 CanLII 191 (SCC), 19 R.F.L. (4th) 177 (S.C.C.)), the courts have considered the following factors in determining whether a proposed move is in a child’s best interests: 1. the parenting capabilities of, and the child’s relationship with, the parents and their new partners; 2. employment, security and prospect of the parents and their partners; 3. access to, and support of, extended family; 4. the difficulty of exercising the proposed access and the quality of the proposed access if the move is allowed; 5. the effect of the move on the child’s academic situation; 6. The psychological and emotional wellbeing of the child; 7. the disruption of the child’s existing social and community support and routine; 8. the desirability of the proposed new family unit for the child; 9. the relative parenting capabilities of either parent and their respective ability to discharge parenting responsibilities; 10. the child’s relationship with both parents; 11. the separation of siblings; and 12. the retraining or education opportunities for the moving parent.
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