Option (b) involves a more nuanced approach. Where the relocating guardian and the other guardian do not have substantially equal parenting time with the child, the relocating guardian is given some deference in the sense that where the court is satisfied that the relocation has been made "in good faith" and there are "reasonable and workable arrangements" to preserve the child's relationship with the other guardian and other significant persons in their life, the proposed relocation in s. 69 must be considered in the best interests of the child, unless the other guardian satisfies the court otherwise. Where the relocating guardian and other guardian have “substantially equal parenting time”, there is a consideration of the same factors, but the relocating parents do not benefit from deference: they must establish that the relocation is in the best interests of the child: Pepin v. McCormack, 2014 BCSC 2230 at para. 56.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.