What is the leading decision in the area of mobility rights in family cases?
British Columbia, Canada
The following excerpt is from H. (W.) v. H. (T.), 2003 BCPC 51 (CanLII):
The leading decision in the area of mobility rights in family cases, is, of course Gordon v. Goertz (1996) 1996 CanLII 191 (SCC), 19 R.F.L. (4th) 177 (S.C.C.). Although much of that decision concerned issues relating to a variation of an original custody order, the remainder of the decision relating to a determination of custody and access in the context of a proposed move is quite relevant.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
In a mobility case, is there a presumption that children in mobility cases should remain in the locale of the status quo? (British Columbia, Canada)
In a Workers’ Compensation Appeal Tribunal case, is there any case law supporting the proposition that a claimant’s right to sue for unfair dismissal? (British Columbia, Canada)
Is there any case law or case law in which an appeal from a decision refusing approval of an infant settlement is successful? (British Columbia, Canada)
What are some cases in which unequal contribution to family expenses and burdens made it significantly unfair to divide family property equally? (British Columbia, Canada)
In a Workers’s Compensation Appeal Tribunal case, is there any case law that supports the argument that there is no case law in favour of a claim under the Employment Benefits Act? (British Columbia, Canada)
In an aboriginal rights and title case, how have the courts considered expert evidence in aboriginal cases? (British Columbia, Canada)
What is the standard of review applicable to discretionary decisions in family law cases? (British Columbia, Canada)
In what circumstances will the Respondent at the Human Rights Tribunal of B.C. claim that the Applicant be denied the right to continue to pursue his human rights claim? (British Columbia, Canada)
Does s. 215.5(7) of the BCSC prohibit the Superintendent of Motor Vehicles from extending the decision date of a decision until after the date of the decision has been determined? (British Columbia, Canada)
What is the test for a party seeking to change the date on which to value family property or family debt under the Family Law Act? (British Columbia, Canada)
