What are the implications of leadings cases on the mobility rights of custodial parents?
Alberta, Canada
The following excerpt is from Cardinal v. Tatum, 2004 ABQB 672 (CanLII):
Counsel for the Defendant referred to the leadings cases on the mobility rights of custodial parents, and argued that the opinion of the parent with primary residence as to the best interests of the children should prevail. Citing Gordon v. Goertz, 1996 CanLII 191 (SCC), [1996] 2 S.C.R. 27 he argued that the mobility of custodial parents should not be unduly restricted.
The best interests of the children is a matter that will have to be determined at trial. The trial judge will have to carefully consider all of the relevant criteria mentioned in Gordon v. Goertz. In deciding what interim relief should be granted, slightly different considerations apply.
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