What is the test for mobility cases?

British Columbia, Canada


The following excerpt is from Stone v. Burke, 2009 BCSC 884 (CanLII):

The leading authority on what the law has come to refer to as mobility cases is Gordon v. Goertz, 1996 CanLII 191 (SCC), [1996] 2 S.C.R. 27, 134 D.L.R. (4th) 321 [cited to S.C.R.]. Madam Justice McLachlin (as she then was) summarily described the test to be applied in the resolution of issues of this kind as follows (at para. 50): …In the end, the importance of the child's 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?

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