What is the test for a change in residence under the Divorce Act?
British Columbia, Canada
The following excerpt is from Hansen v. Mantei-Hansen, 2013 BCSC 876 (CanLII):
The seminal case on changes in residence under the Divorce Act is Gordon v. Goertz, 1996 CanLII 191 (SCC), [1996] 2 S.C.R. 27. In that case, there was an existing order granting custody to the mother. The court required a material change in circumstances for that order to be revisited. The mother planned to move to Australia with the children. In the circumstances here, there is no existing order and the children have been shared to a great extent. However, the comments in that case are of some relevance because they show that the best interests of the children, not of the parents, are the primary concern. Even where there is a custody order, there is no presumption in favour of the custodial parent.
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