What is the test for determining whether a child should be relocated?

Saskatchewan, Canada


The following excerpt is from R.M.S. v. P.J.M., 2006 SKQB 531 (CanLII):

A determination of custody and a determination of whether a child should be relocated - a mobility determination - are separate determinations: Rosenau at para. 17. The first determination to be made is the issue of custody including, if joint custody is ordered, primary residence. This determination is made with reference to s. 8 of The Children’s Law Act, 1997. Once that determination is made, the analysis referred to in Gordon v. Goertz may be necessary.

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