What is the test for a parent who moves to a new location in order to have access to their child?
Ontario, Canada
The following excerpt is from Meijers v. Hasse, 2007 CanLII 23494 (ON SC):
In the leading case of Gordon v. Goertz, 1996 CanLII 191 (SCC), [1996] 2 S.C.R. 27, McLachlin J. (as she then was) for the majority held at paragraph 14 that: These are the principles that determine whether a move by the custodial parent is a material change in the “condition, means, needs or other circumstances of the child”. Relocation will always be a “change”. Often, but not always, it will amount to a change which materially affects the circumstances of the child and the ability of the parent to meet them. …Where, as here, the child enjoyed frequent and meaningful contact with the access parent, a move that would seriously curtail that contact suffices to establish the necessary connection between the change and the needs and circumstances of the child.
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