What is the test for a court to determine whether or not to grant consideration in a relocation case?
British Columbia, Canada
The following excerpt is from E.A.M. v. N.P.H., 2015 BCSC 1231 (CanLII):
Every relocation case must, of course, be decided on the facts as established by the evidence. Where the evidence clearly and unequivocally negates one of the four possible scenarios, the court may be excused from giving serious consideration to that scenario. That is, in fact, what happened in Walker v. Maxwell, 2014 BCSC 2357. There, the evidence showed that there was no realistic possibility of the father moving to the mother’s choice of cities. The trial judge did not, therefore, give any consideration to that scenario. That conclusion was not overturned on appeal: Walker v. Maxwell, 2015 BCCA 282.
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