What factors were considered in a full and inquiry by Judge Pothecary in his review of the status quo?

British Columbia, Canada


The following excerpt is from Stacey v. Fortin, 2013 BCSC 1501 (CanLII):

Judge Pothecary engaged in a “full and sensitive inquiry” which reflects Gordon v. Goertz factors and the four scenarios described by Huddart J.A. in S.L.L. v. J.W.W. (para. 24). The status quo was not given undue weight.

As part of her inquiry, Judge Pothecary also considered the aspirations of each parent in the context of the best interests of their daughter. To the extent a parent’s aspirations may be realized, such will often serve the best interests of the child. In my view, a parent’s aspirations is one of the “relevant circumstances relating to the child’s needs” as McLachlin J. outlined in her summary in Gordon v. Goertz. To the extent a parent’s aspirations may be reasonably fulfilled, the happier the overall family dynamics will be, which, in turn, will serve the best interests of the child.

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