Gordon v. Goertz expressly condones looking at the reasons the father moved the children, although that ought not to be done in every case. At paragraph 49(7)(e) of the decision, McLachlin J. (as she then was) made it clear that the custodial parent’s reasons for moving a child should be considered “only in the exceptional case where it is relevant to that parent’s ability to meet the needs of the child”. Here, the father moved the children to meet their financial and care needs.
Get a full legal research memo!
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexsei.com.