What is the test for mobility in custody cases involving mobility?

Nova Scotia, Canada

The following excerpt is from A.C. v G.B, 2019 NSSC 133 (CanLII):

The starting point in cases involving mobility is the seminal case of Gordon v. Goertz, 1996 CanLII 191 (SCC), [1996] 2 S.C.R. 27. At paragraphs 49 and 50, the court held: “ The law can be summarized as follows: 1. The parent applying for a change in the custody or access order must meet the threshold requirement of demonstrating a material change in the circumstances affecting the child. 2. If the threshold is met, the judge on the application must embark on a fresh inquiry into what is in the best interests of the child, having regard to all the relevant circumstances relating to the child's needs and the ability of the respective parents to satisfy them. 3. This inquiry is based on the findings of the judge who made the previous order and evidence of the new circumstances. 4. The inquiry does not begin with a legal presumption in favour of the custodial parent, although the custodial parent's views are entitled to great respect. 5. Each case turns on its own unique circumstances. The only issue is the best interest of the child in the particular circumstances of the case. 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 in 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. 50 In the end, the importance of the child remaining with the parent to whose custody it has become accustomed in the new location must be weighed against the continuance of full contact with the child's access parent, its extended family and its community. The ultimate question in every case is this: what is in the best interests of the child in all the circumstances, old as well as new?”

Other Questions

What is the test for mobility in custody cases? (Nova Scotia, Canada)
How has joint custody been awarded in cases involving manic depressive parents? (Saskatchewan, Canada)
What is the test for a custody application involving mobility? (British Columbia, Canada)
What is the case law regarding mobility issues and custody and mobility issues? (Ontario, Canada)
What is the impact of the Court of Appeal's ruling in cases involving sexual assault cases? (Ontario, Canada)
What is the test for mobility in variation cases where mobility is an issue? (Manitoba, Canada)
In a mobility case, is there a presumption that children in mobility cases should remain in the locale of the status quo? (British Columbia, Canada)
What are some cases involving patents involving the medicine flunisolide? (Canada (Federal), Canada)
What are some cases in which the co-parenting option was rejected and sole custody and guardianship was ordered because the parents were unable to communicate effectively? (British Columbia, Canada)
What is the test for inference of negligence in cases involving rear-end collisions? (British Columbia, Canada)