What is the test for a parent to bring a motion to relocate?
British Columbia, Canada
The following excerpt is from Hansen v. Ferguson, 2015 BCSC 588 (CanLII):
I appreciate that concern. However, as the mother’s counsel pointed out, a parent wishing to relocate must consider all of the circumstances carefully, and there needs to be a balance between planning a move and being proactive about it. The fact is that the mother brought this proceeding before relocating, which can be contrasted with cases such as Hadjioannou v. Hadjioannou, 2013 BCSC 1682 (where the mother had already moved) and L.J.R. v S.W.R., 2013 BCSC 1344 (where the mother had already moved with the child). Moreover, the extent of her planning has provided the court with concrete evidence about the relocation plan and whether it is realistic.
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