What are the factors to consider in determining whether a child has been removed from the custody of the custodial parent?

British Columbia, Canada


The following excerpt is from Hellberg v Netherclift, 2018 BCSC 357 (CanLII):

The factors to consider derived from Gordon v. Goertz, 1996 CanLII 191 (SCC), [1996] 2 S.C.R. 27, are as follows: (a) the existing custody arrangement and relationship between the child and the custodial parents; (b) the existing access arrangement and the relationship between the child and the access parent; (c) the desirability of maximizing contact between the child and both parents; (d) the views of the child; (e) the custodial parent’s reason for moving, only in the exceptional case where it is relevant to that parent’s ability to meet the needs of the child; (f) disruption to the child of a change in custody; (g) disruption to the child consequent on removal from family, schools, and the community [the child] has come to know.

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