What is the test for determining primary residence of a child?
British Columbia, Canada
The following excerpt is from C.A.P. v. M.S.P., 2015 BCSC 183 (CanLII):
With respect to the principles governing the determination of primary residence of a child, in Hejzlar at para. 33 the court observed that primary residence is an aspect of custody. As such the court stated “the same consideration should apply to a decision on primary residence as applied to custody questions” and that “in circumstances of a parent who is and has been the primary caregiver, and provides the primary residence for the child, the Gordon v. Goertz instruction to respect the views of the mobile parent, applies fully”.
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