What are the factors used to determine whether a parent has a valid parental mobility claim?

British Columbia, Canada


The following excerpt is from McNaught v. Friedman, 2011 BCSC 524 (CanLII):

In One v. One, 2000 BCSC 1584, Mr. Justice Burnyeat reviewed the jurisprudence in British Columbia on parental mobility and set out 12 factors which have been reviewed when determining what is in the best interests of the children. I reproduce the factors which are relevant to this case: (a) Parenting capabilities of and children’s relationship with parents and new partners; (b) Employment security and prospects of each spouse and, where appropriate, their partner; (c) Access to and support of extended family; (d) Difficulty of exercising proposed access and quality of proposed access if move is allowed; (e) Effect upon children’s academic situation; (f) Psychological/emotional well-being of children; (g) Disruption of children’s existing social and community support and routines; ... (i) Relative parenting capabilities of either parent and respective ability to discharge their parenting responsibilities; (j) Child’s relationship with both parents; and ... (l) Retraining/educational opportunities for moving parent.

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