What is the test for determining the best interests of a child in a proposed relocation under the Divorce Act?
British Columbia, Canada
The following excerpt is from D.D.R. v K.T.R, 2019 BCSC 1805 (CanLII):
The leading authority on the test to be applied when determining the best interests of a child in the context of a proposed relocation under the Divorce Act is Gordon v. Goertz, 1996 CanLII 191 (SCC), [1996] 2 S.C.R 27 [Gordon]. On an initial custody application involving a proposed relocation, such as this one, the applicant (in this case the Mother) must establish that the proposed move is in the best interests of the child, given all the relevant circumstances.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for determining whether a parent's actions are in the best interests of the child or child? (British Columbia, Canada)
When will the court consider a parent’s relocation considerations in determining the best interests of the child? (British Columbia, Canada)
What is the test for a judge to determine whether a child is in the best interest of the child? (British Columbia, Canada)
What is the test for determining whether a child is in the best interests of the child when the access parent wants to move to a new location? (British Columbia, Canada)
What is the test for determining whether a child who has reached the age of majority but attends post-secondary school remains a child of the marriage and is entitled to child support? (British Columbia, Canada)
What is the test for determining whether a child is still a "child" when it comes to child support? (British Columbia, Canada)
When a child is attending school away from home, is the child's child entitled to child support? (British Columbia, Canada)
Does the fact that an expense relates to an extracurricular activity bring the amount of child support under s. 7 of the Child Support Guidelines (e.g. expenses) into s.7 of the child support table? (British Columbia, Canada)
What are the relevant cases in which a court has found that a child has changed to become a child of the marriage and is entitled to parental support under section 2 of the Divorce Act? (British Columbia, Canada)
What factors must the court consider in determining a divorce under s. 15.2(4) of the Divorce Act? (British Columbia, Canada)
