What is the legal test to apply for a mobility restriction order?
Alberta, Canada
The following excerpt is from Z.A.F. v. S.S.F., 2004 ABQB 953 (CanLII):
The legal test to apply is set out in the case of Gordon v. Goertz 1996 CanLII 191 (SCC), [1996] 2 S.C.R. 27. This stresses that the focus is on the best interest of the child, not the interests and rights of the parents. Once it has been established that a threshold test has been met: that there is a change in the circumstances of the child or the ability of the parents to meet the needs of the child, and it materially affects the child and it was not foreseen or could not have been reasonably contemplated by the judge who made the original order, the judge has to consider seven factors to decide the mobility issue.
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