C.(E.E.) v. C.(M.A.)

C.(E.E.) v. C.(M.A.)

The court found the mother's proposed relocation constituted a material change under Gordon v. Goertz because her economic circumstances and child support situation had materially changed; after a fresh best interests analysis the move to Toronto was permitted because it improved the childrens' economic well‑being,...

Source-derived case information.

Citation
2006 BCSC 958
Parties
Plaintiff: E.E.C.; Defendant: M.A.C.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
21 June 2006
Procedural Posture
Family Law Relocation/child Custody / Application Hearing Decision
Outcome
Mother permitted to relocate with the children to Toronto.
Legal Topics
Relocation, Joint Custody, Best Interests of the Child, Gordon V. Goertz, Access Rights, Psychological Assessment, Child's Views, Financial Need
Source Language
english
Family Law Child Custody Relocation Access/contact Child Welfare Joint Custody Best Interests of the Child Gordon V. Goertz +4 more

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Parties

E.E.C.

Plaintiff

M.A.C.

Defendant

Procedural Posture

Family Law Relocation/child Custody / Application Hearing Decision

Legal Issues

  1. 1 Whether the mother may relocate the children to Toronto
  2. 2 Whether the threshold for a material change under Gordon v. Goertz is met
  3. 3 How to apply the best interests of the child when relocation reduces access frequency

Ratio Decidendi

The court found the mother's proposed relocation constituted a material change under Gordon v. Goertz because her economic circumstances and child support situation had materially changed; after a fresh best interests analysis the move to Toronto was permitted because it improved the childrens' economic well‑being, was supported by the childrens' views, reduced disruption by providing extended family support, and access could be restructured to maximize contact; therefore the mother was allowed to relocate but obliged to facilitate meaningful access and the parties may apply to modify access arrangements.

Court Disposition

Mother permitted to relocate with the children to Toronto.

Orders

  • Mother permitted to relocate the children to her home community of Toronto.
  • Parties are to work out access arrangements that maximize contact given practical impediments; mother must facilitate meaningful access.