E.R.G. v. J.R.G.

E.R.G. v. J.R.G.

Applying the Divorce Act factors and additional relocation criteria, the Mother failed to prove relocation to Calgary is in the children's best interests: the children’s stability, schooling and close attachments in Vancouver outweigh the asserted benefits of Calgary; family violence identified is minimal and...

Source-derived case information.

Citation
2024 BCSC 789
Parties
Claimant (mother): E.R.G.; Respondent (father): J.R.G.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
15 May 2024
Procedural Posture
Family Law – Relocation and Parenting Arrangements Under Divorce Act/family Law Act / Trial on Relocation and Parenting Arrangements Following Bifurcation; Reasons for Judgment Issued
Outcome
Mother's application to relocate the children to Calgary dismissed; children to remain in Vancouver
Legal Topics
Relocation, Best Interests of the Child, Parenting Time, Section 211 Report, Credibility Findings
Source Language
english
Family Law Child Custody and Access Relocation Domestic/family Violence Best Interests of the Child Parenting Time Section 211 Report Credibility Findings

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 12 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

E.R.G.

Claimant (mother)

J.R.G.

Respondent (father)

Procedural Posture

Family Law – Relocation and Parenting Arrangements Under Divorce Act/family Law Act / Trial on Relocation and Parenting Arrangements Following Bifurcation; Reasons for Judgment Issued

Legal Issues

  1. 1 Whether Mother may relocate the children to Calgary
  2. 2 Whether relocation is in the best interests of the children under Divorce Act s.16 and s.16.92
  3. 3 Effect of alleged family violence (abusive communications and physical allegations) on parenting capacity and relocation

Ratio Decidendi

Applying the Divorce Act factors and additional relocation criteria, the Mother failed to prove relocation to Calgary is in the children's best interests: the children’s stability, schooling and close attachments in Vancouver outweigh the asserted benefits of Calgary; family violence identified is minimal and primarily verbal; the Mother’s reasons for relocating lack credibility and appear predominantly aimed at reducing the Father's parenting time; therefore the relocation application is dismissed.

Court Disposition

Mother's application to relocate the children to Calgary dismissed; children to remain in Vancouver

Orders

  • Mother's application for relocation dismissed
  • Parties shall contact the court registry within 30 days to schedule a one‑day appearance to make submissions on parenting arrangements