This good faith requirement may be compared to conduct that may be considered under s. 16(9) of the Divorce Act, which provides that a person's conduct is not to be taken into account unless the conduct is relevant to the person's ability to act as a parent. In Gordon v. Goertz, McLachlin J. (as she then was) noted (at para. 22) that this stipulation is important because “all too often” applications to vary based on relocation "have descended into inquiries into the custodial parent's reason or motive for moving" and this shifts the focus away from the best interests of the child. She acknowledged, however, that a parent's reasons for moving could reflect adversely on that parent's ability to appreciate the best interests of the child.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.