What is the test for making an order under Division 6 of the BC Courts respecting relocation?

British Columbia, Canada


The following excerpt is from T.L.C. v. K.J.H., 2021 BCPC 250 (CanLII):

I must instruct myself that when proceeding under Division 6, and making an order under section 69, respecting relocation, it is necessary to determine whether or not the guardians have substantially equal parenting time with the child. If not, then the relocating guardian must satisfy the court about the factors set out in ss. 4(a) (i) and (ii) in which case there under ss. (b) that the relocation must be considered in the best interests of the child. I understand that this is not a presumption but that an evidentiary burden is created (see: LeMasurier v. Parson, 2017 BCSC 1536).

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