What are the factors to consider when one parent wants to move the residence of the child to a location that is far from the other parent?

Quebec, Canada


The following excerpt is from Droit de la famille — 083454, 2008 QCCS 6460 (CanLII):

The case of Gordon v. Goertz[5] sets out the factors to be considered when one parent wants to move the residence of the child to a location that is far from the other parent. It provides as follows: [49]. … 6. The focus is on the best interests of the child, not the interests and rights of the parents. 7. More particularly the judge should consider, inter alia: (a) the existing custody arrangement and relationship between the child and the custodial parent; (b) the existing access arrangement and the relationship between the child and the access parent; (c) the desirability of maximizing contact between the child and both parents; (d) the views of the child; (e) the custodial parent's reason for moving, only on the exceptional case where it is relevant to that parent's ability to meet the needs of the child; (f) disruption to the child of a change in custody; (g) disruption to the child consequent on removal from family, schools and the community he or she has come to know.

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