Canada Case Law

Power v. Power

Court

Supreme Court of Nova Scotia

On the evidence, focusing solely on J's best interests, the court found that Mr. Power's pattern of coercive and undermining conduct had harmed J's relationship with his mother and that Ms. Power proved that relocation to Colby Village and a change to primary care with the mother having final decision-making over sporting activities were in J's best interests; accordingly relocation was permitted effective immediately and the parenting schedule was modified with an initial reduced-contact transition period for the father.

Source excerpt

• Parenting
• Custody
• Relocation
• Shared parenting
• Decision-making authority
• Best interests of the child

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B.M. v. T.G.

Court

Supreme Court of Nova Scotia

On this interim record the children’s best interests require maintaining the pre-reconciliation status quo of residence and schooling in Pictou County pending fuller evidence at trial; the mother’s relocation to Truro is not permitted on an interim basis because no compelling reason or strong probability of success at trial was established, both parents demonstrated credibility concerns and high conflict, and an in-depth parental capacity assessment is necessary to inform final parenting and decision-making orders.

Source excerpt

• Best interests of the child
• Interim parenting plan
• Relocation/mobility
• Family violence
• Status quo
• Credibility findings

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Kohli v. Thom

Court

Court of Appeal for Ontario

The appeal is allowed in part: the Court affirmed the trial judge’s denial of relocation and parenting order because his blended approach and assessment of family violence and s.16/s.16.92 factors were within his discretion; however, the Court found reversible error in imputing income to the appellant because the trial judge failed to consider how his own finding of historical family violence could have affected the appellant’s earning capacity, and therefore substituted an imputation of $0 to the appellant and recalculated support (child support $712/month and spousal support $1,453/month fr…

Source excerpt

• Relocation of child
• Imputation of income
• Parenting time and decision-making
• Fresh evidence on appeal (palmer)
• Weight of ocl reports
• Calculation and variation of support

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Weagle v Kendall

Court

Supreme Court of Nova Scotia

The court held that, under s.18H(1A)(b) and (d) of the Parenting and Support Act, the father bore the burden of proving the relocation was not in the child’s best interests because the child spent the vast majority of time with the mother under the August 24, 2023 order and an informal arrangement. After considering the statutory best‑interest factors and relocation factors, the court found relocation to Ottawa was not in the child’s best interests, denied the mother’s relocation request, ordered the child remain in Nova Scotia in the father’s primary care, established a detailed parenting ti…

Source excerpt

• Best interests of the child
• Burden of proof in relocation
• Parenting time and primary care
• Decision-making authority
• Compliance with court orders

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C.G. v C.S.

Court

Supreme Court of Nova Scotia

On the balance of probabilities the mother was the child's long‑term primary caregiver, provided a superior, detailed plan for the child's physical, emotional and cultural needs, and the father lacked a demonstrable caregiving track record and had credible evidence of volatility and limited past contact; relocation to Winnipeg was therefore in the child's best interests and the mother was granted primary care and sole decision‑making; because the father failed to disclose financial information the court imputed income of $25,236 and ordered child support of $193/month commencing September 1,…

Source excerpt

• Primary care
• Relocation
• Parenting time
• Decision-making authority
• Income imputation
• Credibility assessment

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A.M.M. v. S.D.M.

Court

Supreme Court of Nova Scotia

The court found the mother's release from incarceration constituted a material change allowing the variation application; having applied the s.16 factors and the relocation-specific factors in s.16.92, the court concluded it is in the child's best interests to remain in the father's primary care and to permit relocation to Stratford because the father presented a detailed plan that increases the child's time with and stability provided by him, and the mother failed to prove the move would be contrary to the child's best interests.

Source excerpt

• Parenting order variation
• Relocation
• Best interests of the child
• Change in circumstances
• Parenting time
• Decision-making responsibility

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M.A.B. v. J.A.B.

Court

Supreme Court of British Columbia

Trial judgment in a family law dispute addressing guardianship, relocation to Halifax, child support, spousal support, and divorce after a long incarceration history.

• Guardianship under family law act s.39(3)(c)
• Relocation under divorce act ss.16.9-16.96
• Best interests of the child (divorce act s.16)
• Imputation of income under federal child support guidelines s.19(1)
• Retroactive child support
• Compensatory spousal support

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Burton v. Carter

Court

Supreme Court of British Columbia

The court denied a relocation request from Dawson Creek to Salmon Arm, finding the children’s best interests were better served by remaining in Dawson Creek.

• Relocation
• Parenting time
• Best interests of the child
• Notice requirements
• Burden of proof
• Maximum contact principle

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Williams v. Power

Court

Supreme Court of Nova Scotia

Because the children were subject to a court‑ordered shared parenting arrangement, s.18H(1A)(a) imposed on the relocating parent (father) the burden to prove relocation was in the children's best interests; the father failed to discharge that burden, the court found credible evidence of parental alienation by the father and his spouse and material credibility problems in the father's evidence, and therefore denied relocation and placed the children in the mother's sole care with sole decision‑making while imposing a limited parenting time and contact regime for the father.

Source excerpt

• Mobility/relocation
• Best interests of the child
• Parenting time
• Decision-making authority
• Parental alienation
• Credibility findings

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Titus v. Kynock

Court

Nova Scotia Court of Appeal

The trial judge erred in principle by failing to properly apply the best interests test and by not adequately balancing the competing parenting and relocation plans; the judge over-weighted the mother’s interests and conflict-reduction considerations, accepted an insufficiently detailed relocation plan on faith, and thereby denied a fair assessment—appeal allowed and matter remitted for a new hearing before a different judge; costs awarded to appellant.

Source excerpt

• Best interests of the child
• Relocation under statutory scheme
• Appellate standard of review
• Adequacy of judicial reasons
• Judicial impartiality
• Remedy: new hearing and costs

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