What is the test for initial application for custody and residency?

British Columbia, Canada


The following excerpt is from Fotsch v. Begin, 2015 BCSC 227 (CanLII):

This reasoning, in my respectful view, is consistent with Gordon v. Goertz and the jurisprudence on the modification that must be made in the application of Gordon v. Goertz to initial applications for custody and residency. An inquiry into the custodial arrangement that is in the best interests of the children must consider “all the relevant circumstances relating to the child’s needs and the ability of the respective parents to satisfy them” (para. 49(2)). While the reasons for a parent’s proposed move, absent an improper motive, must be treated with respect, they will likely be relevant to determining what custodial arrangement is in the best interests of the children.

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