What is the leading authority on mobility rights for a custodial parent and child?

British Columbia, Canada


The following excerpt is from Dent v. Wener, 1998 CanLII 1876 (BC SC):

The leading authority on the mobility of a custodial parent and child is Goertz v. Gordon (1996), 1996 CanLII 191 (SCC), 19 R.F.L. (4th) 177 (S.C.C.). There Madam Justice McLaughlin, speaking for the majority, set out the principles applicable as regards mobility rights. I must embark upon a full and sensitive inquiry into the best interests of the child. The focus must be on her interests, not those of the parents; although I would add, that at times the interests of the custodial parent will coincide with those of the child. Each case depends upon its particular circumstances.

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