What is the test for good faith in a relocation application?

British Columbia, Canada


The following excerpt is from M.H. v. A.M., 2018 BCPC 401 (CanLII):

In the case of LJR v. SWR 2013 BCSC 1344, Mr. Justice Betton discussed the good faith requirement in s. 69(6). He held that the four considerations in that section are not an exhaustive list, but that they do establish a tone for the concept of good faith in relocation proceedings. He stated at paragraph 71 as follows: “Good faith is a subjectively held state of mind. Yet, some of the above characteristics are undoubtedly objective. I find that to the extent a factor listed in s. 69(6) is objective, a positive or negative finding suggests an inference that the relocating guardian either possessed or did not possess the required subjective good faith.”

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