What is the test for a court to determine whether or not a child has been removed from the custody of the custodial parent?

British Columbia, Canada


The following excerpt is from C.(E.E.) v. C.(M.A.), 2006 BCSC 958 (CanLII):

Gordon v. Goertz held that the following matters are to be considered (at¶49): … (a) the existing custody arrangement and relationship between the child and the custodial parent; (b) the existing access arrangement and the relationship between the child and the access parent; (c) the desirability of maximizing contact between the child and both parents; (d) the views of the child; (e) the custodial parent's reason for moving, only in the exceptional case where it is relevant to that parent's ability to meet the needs of the child; (f) disruption to the child of a change in custody; (g) disruption to the child consequent on removal from family, schools, and the community he or she has come to know.

Other Questions


What are the factors to consider in determining whether a child has been removed from the custody of the custodial parent? (British Columbia, Canada)
What is the test for a judge to determine if a child has been removed from the custody of the custodial parent and re-arrested to a different location? (British Columbia, Canada)
What is the test for a non-custodial parent of a child who is not a custodial parent and who would benefit from the sale of the child's mother's property? (British Columbia, Canada)
What are the guidelines a court must apply in a custody matter where the custodial parent is seeking to relocate to a different place of residence with the non-custodial parent? (British Columbia, Canada)
What is the test for a court to determine whether a parent has a valid claim for custody of their child? (British Columbia, Canada)
When will a court award child support to a biological parent who has never been a custodial parent? (British Columbia, Canada)
What is the test for obtaining an order to remove a child from the custody of the child and place the child on a permanent basis? (British Columbia, Canada)
What is the test for determining whether a child is still a "child" when it comes to child support? (British Columbia, Canada)
How has the inter vivos of a deceased parent been used to determine whether a parent has met her moral obligations to her adult child? (British Columbia, Canada)
What is the test for a court to determine custody of a child when the child is in a new community? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.