FMJ v. HKJ

FMJ v. HKJ

Judge found the move met the s.65 definition of 'relocation'; mother satisfied s.69(4)(a) narrowly; however weighing s.37(2) factors the child's best interests favored remaining in Penticton due to lifetime residence, extensive immediate and extended family supports, existing activities, and educational needs that the father presently assists with; accordingly the relocation application was dismissed.

Citation
2020 BCSC 1926
Parties
Claimant (mother): FMJ; Respondent (father): HKJ
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
29 September 2020
Procedural Posture
Family Law Relocation/parenting Application / In Chambers Oral Reasons on Mirror Relocation Applications
Outcome
Mother's relocation application dismissed; child to remain residing in Penticton
Legal Topics
Relocation, Best Interests of the Child, Parenting Time, Schooling/educational Arrangements
Source Language
English
Family Law Child Custody and Access Education Law Relocation Best Interests of the Child Parenting Time Schooling/educational Arrangements

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Parties

FMJ

Claimant (mother)

HKJ

Respondent (father)

Procedural Posture

Family Law Relocation/parenting Application / In Chambers Oral Reasons on Mirror Relocation Applications

Legal Issues

  1. 1 Whether proposed move from Penticton to West Kelowna constitutes a 'relocation' under s.65 FLA
  2. 2 Whether relocating guardian satisfied s.69(4)(a) preconditions (good faith and reasonable workable arrangements)
  3. 3 Whether proposed relocation is in the child's best interests under s.37(2) FLA

Ratio Decidendi

Judge found the move met the s.65 definition of 'relocation'; mother satisfied s.69(4)(a) narrowly; however weighing s.37(2) factors the child's best interests favored remaining in Penticton due to lifetime residence, extensive immediate and extended family supports, existing activities, and educational needs that the father presently assists with; accordingly the relocation application was dismissed.

Court Disposition

Mother's relocation application dismissed; child to remain residing in Penticton

Orders

  • Mother is not permitted to relocate the child from Penticton to West Kelowna
  • Status quo parenting arrangement to remain in effect (child to continue predominantly residing with mother in Penticton with father's existing parenting time)