On the issue of paramountcy, Saunders J.A. in Hejzlar v. Mitchell-Hejzlar, 2011 BCCA 230, at para. 20, said: The preferable basis for consideration of a child mobility issue is s. 16 of the Divorce Act where available, as the federal legislation is paramount (or where a custody order under s. 16 already exists, s. 17).
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