Can a non-custodial parent bring a motion to block a move to Victoria by a custodial parent?
British Columbia, Canada
The following excerpt is from Tesser-Kubinec v. Kubinec, 1995 CanLII 832 (BC SC):
20 It is argued that these factors were not addressed or done so inadequately in the hearing in this matter and the material confirms that this is so. The circumstance that was emphasized was, in my view, not a circumstance of the child but rather the circumstance of one of the parents. That is not sufficient to justify the serious decision to deprive one parent of custody and grant it to another (cf Watson v. Watson [1991] BCJ #2604 ). The grounds relied upon here may be good and sufficient reasons for refusing a petition by a non-custodial parent to block a move to Victoria by a custodial parent or, perhaps, for allowing a variation of the joint custody but in my view they are not, in themselves, sufficient reasons for granting a change of custody.
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