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Court of Appeal allowed a mother’s relocation appeal, holding the trial judge erred by using a necessity lens and by privileging the status quo.
Interim custody dispute over a child’s relocation from Vernon to Burnaby. The court applied Gordon v. Goertz and ordered the child’s principal residence to remain in Vernon.
The proposed permanent move was refused because the mother had not demonstrated concrete plans or employment in the new location, removal would disrupt the children’s schooling, community and extended family ties and would significantly impede the father’s meaningful contact (critical for addressing C.'s behavioural needs); accordingly joint custody remains and a condition was imposed preventing either parent from permanently removing the children from S. County.
Source excerpt
Interim custody dispute under the Divorce Act. The court ordered joint interim custody, with the childrens principal residence in Revelstoke with the father.
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