M.L.E. v. D.K.E.

M.L.E. v. D.K.E.

Interim relocation was granted because the evidence established that relocation to Hamilton is in the children's best interests: substantiated safety concerns and family violence linked to the father, the children's expressed wishes and maturity favoring the move, significant financial and live‑in support advantages enabling the mother to work full time, compliance with statutory notice, and a reasonable plan to preserve and rebuild the paternal relationship through counselling and remote contact. Section 16.92(2) reinforces that the court may not assume the mother would remain without the children, but the decision rests on best interests regardless.

Citation
2021 BCSC 1790
Parties
Claimant (mother): M.L.E.; Respondent (father): D.K.E.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
23 August 2021
Procedural Posture
Relocation Application Under the Divorce Act / Interim Oral Ruling (relocation Granted); Trial Scheduled October 2022
Outcome
Relocation to Hamilton, Ontario granted on an interim basis
Legal Topics
Relocation, Best Interests of the Child, Section 16 Divorce Act, Hear the Child Report, Family Violence, Interim Order
Source Language
English
Family Law Divorce Child Custody Relocation Best Interests of the Child Section 16 Divorce Act Hear the Child Report Family Violence +1 more

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Parties

M.L.E.

Claimant (mother)

D.K.E.

Respondent (father)

Procedural Posture

Relocation Application Under the Divorce Act / Interim Oral Ruling (relocation Granted); Trial Scheduled October 2022

Legal Issues

  1. 1 Whether to permit relocation of children to Hamilton, Ontario under s.16 of the Divorce Act
  2. 2 Determination of children's best interests
  3. 3 Impact of relocation on relationship with non‑relocating parent

Ratio Decidendi

Interim relocation was granted because the evidence established that relocation to Hamilton is in the children's best interests: substantiated safety concerns and family violence linked to the father, the children's expressed wishes and maturity favoring the move, significant financial and live‑in support advantages enabling the mother to work full time, compliance with statutory notice, and a reasonable plan to preserve and rebuild the paternal relationship through counselling and remote contact. Section 16.92(2) reinforces that the court may not assume the mother would remain without the children, but the decision rests on best interests regardless.

Court Disposition

Relocation to Hamilton, Ontario granted on an interim basis

Orders

  • Interim order permitting claimant M.L.E. to relocate with the children to Hamilton, Ontario prior to the start of school in September 2021
  • Parenting time for respondent D.K.E. to be as the parties may agree from time to time by telephone, video or in person, taking into account D.K.E.'s circumstances and the children's wishes and schedules