What are the "best interests" of a child in a relocation context?

British Columbia, Canada


The following excerpt is from C.S. v S.S., 2017 BCSC 797 (CanLII):

In assessing "best interests" within a relocation context, a court should pay attention to: (a) the desirability of maximizing contact between the child and both parents; (b) the views of the child; (c) the custodial parent's reason for moving, only in the exceptional case where it is relevant to that parent's ability to meet the needs of the child; (d) disruption to the child of a change in custody; and, (e) disruption to the child consequent on removal from family, schools, and the community he or she has come to know: Falvai, at para. 27, citing Nunweiler v. Nunweiler, 2000 BCCA 300.

Other Questions


What is the test for a judge to determine whether a child is in the best interest of the child? (British Columbia, Canada)
What is the test for determining the best interests of a child in a proposed relocation under the Divorce Act? (British Columbia, Canada)
What are the costs of a child protection claim against a party who is not acting in the best interests of the child? (British Columbia, Canada)
When will the court consider a parent’s relocation considerations in determining the best interests of the child? (British Columbia, Canada)
What is the test for determining whether a child is in the best interests of the child when the access parent wants to move to a new location? (British Columbia, Canada)
What is the test for determining whether a parent's actions are in the best interests of the child or child? (British Columbia, Canada)
How has Judge Pothecary considered the aspirations of each parent in the context of the best interests of the child? (British Columbia, Canada)
What is the test for a court to consider good faith and the best interests of the child in the context of s. 46(2)(a) of the Family Law Act? (British Columbia, Canada)
When a child is attending school away from home, is the child's child entitled to child support? (British Columbia, Canada)
Can academic articles address post-separation parenting in the context of the best interests of the child? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.