What is the test for a parent who wants to relocate their child?

Saskatchewan, Canada


The following excerpt is from Flasch v. Flasch, 1999 CanLII 12782 (SK QB):

The applicable law is set out in Gordon v. Goertz, 1996 CanLII 191 (SCC), [1996] 5 W.W.R. 457 (S.C.C.). The only and ultimate standard against which to evaluate the evidence is the best interests of the children. Some of the non-exhaustive factors to be considered in determining the best interests of the children in the context of a proposed relocation by a parent are: (a) the existing custody arrangement and the relationship between the child and the custodial parent; (b) the existing access arrangement and the relationship between the child and the access parent; (c) the desirability of maximizing contact between the child and both parents; (d) the views of the child; (e) the custodial parent’s reason for moving, only in the exceptional case where it is relevant to the parent’s ability to meet the needs of the child; (f) disruption to the child of a change in custody; and (g) disruption to the child consequent on removal from family, schools and the community he or she has come to know.

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