How have the courts treated testimony that the respondent mother gave to a trial judge that she would return to Canada for the sake of the children?

Prince Edward Island, Canada

The following excerpt is from B.(R.) v. P.(D.), 2009 PECA 12 (CanLII):

The trial judge was aware of the testimony that the respondent mother gave where she stated that she would return to Prince Edward Island for the sake of the children. The trial judge did not make any errors in his treatment of that evidence. Various courts have cautioned that it is problematic to rely on representations made by the custodial parent that he or she will not move without the children should an application to relocate be denied. This inquiry is commonly called the “classic double bind.” If a parent responds by stating they are not willing to remain behind with the children, this raises the prospect of the parent looking after their own interests and not having the interests of the children paramount . Then, on the other side of the equation, if a parent advises the court that they are willing to forego a move if unsuccessful, this suggests that such a move is not necessary for the well being of the parent or the children. If a trial judge mistakenly relies on a parent’s willingness to stay behind “for the sake of the children,“ the status quo becomes an attractive option for a judge to favour because it avoids the difficult decision the application presents. See: Spencer v. Spencer, supra.

In the case at bar, the trial judge approached the decision head on. He determined that the respondent mother did not have an improper motive in moving with the children to the province of Quebec. He concluded that requiring the petitioner to move back to P.E.I. would have a detrimental effect on the mother and that a happy parent is one who is more able to look after the needs of the children. What follows from this line of reasoning is that the trial judge approached the issue of relocation from the perspective of respect for a parent’s decision to live and work where he or she chooses barring an improper motive. See: Nunweiler v. Nunweiler. The trial judge did not err in his assessment of the factors involved or in making any of these conclusions.

Other Questions

In support of the respondent's position in a personal injury case, in what circumstances will the respondent be required to return the property to the original owner? (Prince Edward Island, Canada)
How have courts treated soft tissue injuries to the right fourth distal interphalangeal joint of the right hand? (Prince Edward Island, Canada)
What is the test for a court of appeal to review the findings of a trial judge's determinations on questions of law? (Prince Edward Island, Canada)
When a motion judge exercises her new fact-finding powers under Rule 20.04(2.04) and determines whether there is a genuine issue requiring trial, is it deference? (Prince Edward Island, Canada)
How have courts interpreted the Canada Pension Plan Retirement Rule in the context of complex pension plans? (Prince Edward Island, Canada)
What is the appeal from a judge of the trial division in a small claims matter? (Prince Edward Island, Canada)
What is the test for replacing an opinion of a trial judge with one of its own? (Prince Edward Island, Canada)
Does a trial judge have an obligation to restrict contact with one parent? (Prince Edward Island, Canada)
What are the reasons of a trial judge's failure to state that they have a reasonable doubt? (Prince Edward Island, Canada)
Is there any case law where a series of offers were exchanged over 20 months prior to trial with the last offer being made 4 calendar days before trial commenced? (Prince Edward Island, Canada)

There are no other similar questions at this time.