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


The following excerpt is from L.M.B. v. K.A.V., 2012 BCPC 334 (CanLII):

Relevant to the determination of whether the proposed move is in the child's best interests are the following factors: (1) the existing access arrangement and the relationship between the child and the access parent and the child and the custodial parent, (2) the desirability of maximizing contact between the child and both parents, (3) the views of the child, (4) the reason for moving, (5) the disruption to the child given the change in and removal from family, schools, and the community she has come to know (see Gordon v. Goertz).

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