Is there a presumption in favour of the wishes of the custodial parent in a mobility case?
British Columbia, Canada
The following excerpt is from C.B.C. v. R.J.L., 2021 BCPC 200 (CanLII):
All of this said, however, the entitlement to great respect in their right to make decisions is not a de facto presumption in favour of the wishes of the custodial parent; and, again citing Gordon v. Goertz, paragraph 28, "the best interests of the child are not merely "paramount" in mobility cases, they are the only consideration".
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