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The court allowed the mother's relocation to Ontario, found a real risk of sexual touching based on the child's disclosures and behaviour, and ordered no parenting time for the father pending further order.
The court found the applicant did not prove she had the 'vast majority' (>~80%) of parenting time so s.16.93(3) applies with a shared burden; weighing the s.16(3) and s.16.92 factors the applicant failed to prove relocation is in the children's best interests, denied the relocation, and placed the children in the applicant's interim primary care with parenting time for the respondent.
Source excerpt
Mother's proposed relocation to Economy is a relocation under the Act; she bore the burden of proving relocation was in the children's best interests and failed to meet that burden; relocation denied, father awarded primary care and residence; mother's income imputed at $31,200/year and child support ordered $473.60/month commencing December 1, 2023.
Source excerpt
The court denied a proposed relocation of four children from Salt Spring Island to Calgary, finding their best interests favoured the status quo and giving little weight to the relocation report.
Family law reasons on guardianship, relocation, parenting time, family violence, and Hague Convention history. The court reviews credibility and the child’s best interests.
The court granted an interim parenting order in favor of M.T., keeping the children primarily in Delta and preserving H.'s school placement pending trial.
The trial judge had the advantage of hearing extended evidence and reasonably concluded the child's wishes were independent and that relocation was in her best interests; the appellate motion judge deferred to those findings, found no demonstrated irreparable harm, and thus dismissed the stay motion.
Source excerpt
Appeal over a child-relocation order from Vancouver to Kelowna, focusing on good faith, parenting-time treatment, best interests, and decision-making authority.
The court held the child was habitually resident in Ontario, declined jurisdiction over parenting issues, and set aside the without-notice protection order.
The court directed that Mario attend Kalamalka High School for 2021/2022, applying the child’s best interests under s. 49 of the Family Law Act.
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