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The court dismissed relocation of A to Calgary, kept primary residence with the claimant in Chilliwack, set new parenting and contact orders, awarded child support, and declined divorce jurisdiction.
The court varied a parenting order to place Maja primarily with her mother in Coquitlam, found a material change of circumstances, and gave considerable weight to her views.
The Court allowed the appeal, concluding the trial judge failed to conduct a balanced, fullyârounded analysis of the statutory relocation factors and ignored the maximum contact principle and viable lessâdisruptive alternatives; the Family Court order permitting the childâs permanent relocation to Toronto was set aside and a substituted parenting schedule was imposed giving primary residence to the father during the school year with defined shared time for the mother (every third week in Pictou during the school year, specified holiday and summer arrangements) and specified travel and cost alâŚ
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The court refused the motherâs relocation application to Manitoba, adjusted primary residence for the two oldest children to the father, and kept the existing parenting schedule.
The court refused to vary a family consent order for lack of material change in circumstances, kept joint custody and support terms in place, and clarified telephone and removal limits.
Appeal in a child relocation dispute allowed after fresh evidence showed the motherâs support and employment in Edmonton, and the child remained with her there.
Summary trial on custody and relocation: the mother was awarded sole custody and allowed to remain in Manitoba, with joint guardianship retained on limited terms.
The trial judge did not err: he properly considered the children's wishes, parental capacities, and impact on access; concluded the mother was the preferable primary caregiver; and permissibly allowed relocation because alternative access arrangements could ensure continued meaningful contact â therefore the appeal is dismissed.
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