What is the test for the classic double bind?

Saskatchewan, Canada


The following excerpt is from Olfert v Olfert, 2012 SKQB 301 (CanLII):

On the facts before me the classic double bind does not apply. The parents share legal and defacto custody of the children within the same household. That is the status quo. The issue, aside from determining primary care, is to resolve whether the petitioner’s desire to relocate Bianca and Sophia to Indianapolis is in the children’s best interests. As difficult as the factual decision in custody and in mobility cases may be, the law is settled and well propounded. The law can only set out guiding principles. Gordon v. Goertz did set out those guiding principles and that decision continues to endure as can be seen from the decisions which I have previously quoted. This case requires the court to get back to the basics — to deal with first principles.

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