When will the court grant leave to move to England with a child of the same age with a PhD degree?

Nova Scotia, Canada


The following excerpt is from S.N. v.I.F., 2009 NSSC 19 (CanLII):

As well, there is the issue that the court has to consider and that is the difficulty that Mom has had in finding work here and the fact that the PhD would appear to hold greater promise for her future. I don’t find her application to be a frivolous one, it has been well thought out and planned, so it’s certainly a valid request. One of the decisions that was referred to the court was the Burgin v. Howells, 2004 NSSC 31, and that was the case where the mom was granted leave to move to England with a son who was about the same age as K.. I don’t take comfort from that decision; leave was granted to her to make that move, but that matter has been back before the courts; the decision may not have been reported, but the dad brought a further application to vary because after the mom made that move with great promises of facilitating access to the father and computer contact, etc., the access completely broke down and there was none whatsoever and there were considerable court proceedings back and forth, both here and in the UK to try to resolve the difficulty that the father had in getting his access with the child.

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