British Columbia, Canada
The following excerpt is from Backus v. Horton, 2007 BCSC 1097 (CanLII):
The significance of the reasoning in Gordon v. Goertz in an initial determination of custody is, I consider, three-fold. First, the decision directs the court to consider the motive for a parent’s relocation only in the context of assessing the parent’s ability to meet the needs of the child. This, in my view, is as relevant a direction on an initial custody hearing as on a variation hearing. Second, the decision confirms the significance of the instruction found in s. 16(10), to consider the willingness of a parent to facilitate contact, but notes that this consideration is subordinate to the over-all consideration of the best interests of the child. Third, and more broadly, it approaches the issue of a relocation from a perspective of respect for a parent’s decision to live and work where he or she chooses, barring an improper motive.
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