What is the test applied in the mobility cases?

Saskatchewan, Canada


The following excerpt is from Edmonds v Green, 2012 SKQB 307 (CanLII):

That does not mean that the test applied in relation to this issue in the mobility cases should be applied to this case without modification. In Gordon v. Goertz, Justice McLachlin, as she then was, described the court’s approach to this issue as follows: [I]n the end, the importance of the child's remaining with the parent to whose custody it has become accustomed in the new location must be weighed against the continuance of full contact with the child's access parent, its extended family and its community. The ultimate question in every case is this: what is in the best interests of the child in all the circumstances, old as well as new?

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