K.C. v. J.L.

K.C. v. J.L.

The relocation application was denied and joint custody retained because, applying the best‑interests test and Gordon v. Goertz factors, the move would significantly disrupt the child's strong bonds with his father and paternal grandmother, the mother's plan was inadequately planned and potentially disruptive for a three‑year‑old, and the court must prioritize continuity of the child's relationships and community contact over the parent's relocation aims.

Citation
2010 NSFC 29
Parties
Applicant/respondent: K.C.; Respondent/applicant: J.L.; Applicant (paternal Grandmother): D.T.
Court
Nova Scotia Family Court
Jurisdiction
Canada
Judgment Date
15 November 2010
Procedural Posture
Family Law Custody, Access and Mobility / Final Decision (family Court)
Outcome
Relocation denied; joint custody maintained; leave granted to paternal grandmother to apply for custody/access; specific parenting time and jurisdictional restrictions ordered.
Legal Topics
Custody, Access, Mobility (relocation), Grandparental Leave to Apply, Best Interests of the Child
Source Language
English
Family Law Custody Access Mobility (relocation) Grandparental Leave to Apply Best Interests of the Child

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Parties

K.C.

Applicant/respondent

J.L.

Respondent/applicant

D.T.

Applicant (paternal Grandmother)

Procedural Posture

Family Law Custody, Access and Mobility / Final Decision (family Court)

Legal Issues

  1. 1 whether the mother may relocate the child to Saskatchewan (mobility)
  2. 2 allocation of custody and parenting time
  3. 3 whether paternal grandmother should be granted leave to apply for custody/access

Ratio Decidendi

The relocation application was denied and joint custody retained because, applying the best‑interests test and Gordon v. Goertz factors, the move would significantly disrupt the child's strong bonds with his father and paternal grandmother, the mother's plan was inadequately planned and potentially disruptive for a three‑year‑old, and the court must prioritize continuity of the child's relationships and community contact over the parent's relocation aims.

Court Disposition

Relocation denied; joint custody maintained; leave granted to paternal grandmother to apply for custody/access; specific parenting time and jurisdictional restrictions ordered.

Orders

  • Parents remain joint custodians under s.18(4) of the Maintenance and Custody Act.
  • Neither parent shall remove the child's residence from the jurisdiction of the court, more particularly Yarmouth County, without the permission of the other parent or the court.