What is the test for a custody application for access to a child where the father has learned that the mother intends to move from Saskatoon to Australia with the child?

Saskatchewan, Canada


The following excerpt is from S. (L.M.) v. S. (S.J.), 1999 SKQB 159 (CanLII):

In Gordon v. Goertz, 1996 CanLII 191 (SCC), [1996] 2 S.C.R. 27, the mother had been granted permanent custody of a young child, with generous access to the father. When the father learned that the mother intended to move from Saskatoon to Australia with the child, he applied for an order granting him custody of the child. At the same time, the mother applied to vary the access provisions of the custody order to enable her to move the child's residence to Australia.

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