What is the test for mobility in variation cases where mobility is an issue?

Manitoba, Canada


The following excerpt is from Inscho v. Inscho, 2010 MBQB 90 (CanLII):

In Gordon v. Goertz, the court, at para. 49, summarized the law to be applied in variation cases where mobility is an issue as follows: 1. The parent applying for a change in the custody or access order must meet the threshold requirement of demonstrating a material change in the circumstances affecting the child. 2. If the threshold is met, the judge on the application must embark on a fresh inquiry into what is in the best interests of the child, having regard to all the relevant circumstances relating to the child’s needs and the ability of the respective parents to satisfy them. 3. This inquiry is based on the findings of the judge who made the previous order and the evidence of the new circumstances. 4. The inquiry does not begin with a legal presumption in favour of the custodial parent, although the custodial parent’s views are entitled to great respect. 5. Each case turns on its own unique circumstances. The only issue is the best interest of the child in the particular circumstances of the case. 6. The focus is on the best interests of the child, not the interests and rights of the parents. 7. More particularly the judge should consider, inter alia: (a) the existing custody arrangement and 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 that parent’s ability to meet the needs of the child; (f) disruption to the child of a change in custody; (g) disruption to the child consequent on removal from family, schools, and the community he or she has come to know.

Other Questions


Is the court’s position on costs for personal injury cases in the context of the case management system? (Manitoba, Canada)
What is the decisive ground of appeal in a sexual assault case where the trial judge failed to relate the evidence crucial to the defence to the issues to be decided by the jury? (Manitoba, Canada)
What is the case law on "pragmatic and functional approach" in medical malpractice cases? (Manitoba, Canada)
What is the current state of the law on the primary mobility case? (Manitoba, Canada)
Is there any case law or case law relating to division of proceeds from a commercial property? (Manitoba, Canada)
What is the test for making out a case in a sexual assault case? (Manitoba, Canada)
Does the court have any authority or authority to order interim maintenance for a child where the issue of paternity is in issue? (Manitoba, Canada)
What is the case law on "alert" records? (Manitoba, Canada)
Is there any case law that supports the argument that a child is financially dependent on their parent by reason of other cause? (Manitoba, Canada)
In what circumstances will a final order be issued in a personal injury matter? (Manitoba, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.