Canada Case Law

M.B. v. K.V.

Court

Supreme Court of British Columbia

Permission to relocate was refused because, after applying the statutory best-interests factors, the court concluded that risks from loss of Canadian government benefits and medical coverage, limited durable family support in South Africa, and likely permanent damage to the father-child relationship outweighed factors favouring relocation (mother's need and child's expressed preference); however, there was a sufficient change in circumstances to vary child support and ancillary provisions related to dividend distribution, tax transparency, special expenses and property sale, with incomes fixe…

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• Best interests of the child
• Relocation under the divorce act
• Change in circumstances
• Special (s.7) expenses
• Dividend income characterization
• Retroactive child support

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J. W. P. v. J. R.

Court

Supreme Court of British Columbia

Because the sole test is the child's best interests and the evidence established that the Child has been enrolled and attended kindergarten in Langley only when with the claimant, the respondent failed to demonstrate she made required 'best efforts' to relocate to Langley as contemplated by the 2025 Consent Order, and the respondent's unilateral relocation to Cultus Lake would materially impair shared parenting and educational stability, the court ordered the Child attend school in Langley for grade one and set a conditional, modified parenting schedule effective August 1, 2026 unless the res…

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• Parenting time
• Schooling placement
• Best interests of the child
• Consent order enforcement
• Relocation efforts

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A.L.A. v. M.N.A.

Court

Supreme Court of British Columbia

The court accepted the s.211 evaluator's findings and the father's credibility on financial evidence, found no proven physical abuse or coercive control, found an unhealthy mother-child alignment meriting remedial intervention, concluded shared parenting time equally after a staged transition is in the child's best interests, maintained joint guardianship while temporarily allocating exclusive decision-making for education/extracurriculars to the father for six months plus five weeks to monitor cooperation, found no divisible matrimonial assets of value at separation (law firm had no goodwill…

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• Parenting time
• Guardianship and decision-making
• Parental alienation / resist-refuse behaviour
• Coercive control
• Psychological/section 211 assessment
• Valuation of professional practice

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Amamio v. Fraser

Court

Supreme Court of Nova Scotia

Applying s.18(6) and s.18H(4) of the PSA with the burden on each parent because of substantially equal shared parenting, the court found both parents capable but concluded the mother’s plan better served the child’s stability (employment stability, existing family doctor, schooling in Dartmouth), that relocation to primary care with mother on Sept 1, 2026 best met the child’s interests, and imposed a detailed parenting time regimen for the non-residential parent plus guideline child support of $842/month from that date.

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• Best interests of the child
• Relocation under psa
• Shared parenting burden
• Parenting schedule
• Child support calculation
• Decision-making authority

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L.J.W. v. R.A.O.

Court

Supreme Court of British Columbia

The court authorized the claimant to relocate with the child to New Jersey, adjusted parenting time and support, declined to treat Hawaii property as family property, and granted divorce.

• Relocation under divorce act s.16.92
• Best interests of the child
• Imputation of income
• Compensatory spousal support
• Section 7 special expenses
• Family violence

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MacDonald v. More

Court

Supreme Court of Nova Scotia

Ms. More was the more successful party on the pivotal issues (family violence, relocation and supervision) and made reasonable, favourable settlement offers which Mr. MacDonald unreasonably refused; given the non-monetary nature and importance of the issues and comparable reasonableness of Ms. More's legal fees, a lump sum costs award calculated by applying 55% to fees incurred before the August 27, 2024 offer and 80% to fees incurred after that offer is principled, resulting in an award of $82,000 which Mr. MacDonald must pay within 45 days.

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• Costs awards
• Settlement offers
• Litigation conduct
• Lump sum costs approach
• Hst on legal fees
• Supervised parenting time

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Tanner v Arbuckle

Court

Supreme Court of Nova Scotia

Because the child had spent the vast majority of time in the Applicant's care, the burden rested on the Respondent to show the proposed relocation was not in the child's best interests; he failed to do so. The Respondent's persistent abusive and ineffective communication, lack of insight, and litigation conduct demonstrated that shared/50% parenting would not be in the child's best interests; accordingly the court awarded primary care to the Applicant, permitted relocation to the Annapolis Valley, adopted the Applicant's step-up parenting plan, vested final decision-making to the Applicant wh…

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• Parenting time
• Relocation under psa s.18
• Decision-making responsibility
• Parental communication tools (talking parents)
• Daycare app access (lillio)
• Section 7 expenses

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Tay v. Passeri

Court

Supreme Court of British Columbia

The court dismissed a relocation application after the claimant abducted the child to Thailand, granted the respondent sole guardianship and parenting time, and awarded special costs.

• Relocation application
• Best interests of the child (divorce act s.16)
• Parental alienation
• Abuse of process
• Section 211 psychological report
• Retroactive child support

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N.D.A. v. A.N.P.

Court

Supreme Court of British Columbia

The court granted the father's relocation application, ordering the children to live with him in Calgary and setting parenting-time and decision-making terms.

• Relocation under family law act
• Best interests of the child
• Parenting time schedule
• Parental decision‑making
• Evidence and witness selection
• Family-law

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F.K.L. v. D.M.A.T.

Court

Supreme Court of British Columbia

The court dismissed a mother's relocation application to move the child from Gold River to Comox, finding no material change in circumstances and leaving the parenting order unchanged.

• Relocation
• Variation of parenting order
• Views of the child
• Best interests of the child
• Material change in circumstances
• Parenting coordinator

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