When will the court consider a parent’s relocation considerations in determining the best interests of the child?
British Columbia, Canada
The following excerpt is from C.E.N. v B.K.N, 2021 BCSC 1264 (CanLII):
In the case of Nunweiler v. Nunweiler, 2000 BCCA 300 [Nunweiler] at para. 28, Madam Justice Saunders explained three significant considerations for relocations: (1) the court may consider the parent’s relocation only in the context of assessing the parent’s ability to meet the needs of the child; (2) the decision confirms the principle of maximum contact set out in s. 16(10) of the DA, by directing the court to consider the willingness of a parent to facilitate contact while noting that this consideration is subordinate to the best interests of the child; and (3) the analysis is approached from the perspective of a parent’s decision to live and work where he or she chooses, barring an improper motive.
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