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Family law 2019 BCSC 2242

G.C. v. A.V.S.

The court ordered joint guardianship, primary residence with the respondent, denied relocation to Calgary, and awarded child and spousal support to the respondent.

  • Guardianship and parental responsibilities
  • Parenting time allocation
  • Relocation under s.69 fla
  • Best interests of the child (s.37 fla)
  • Family violence assessment (s.38 fla)
  • Imputation of income (guidelines s.19)
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Family law 2019 ONCA 921

Artichuk-Murphy v. Murphy

The appeal was dismissed because the trial judge considered the relevant factors and based the custody and relocation decision on the child's best interests, permissibly relied on the investigator's factual observations, appropriately balanced competing expense obligations, and the proffered fresh evidence could not have affected the outcome of the order under appeal.

  • Custody
  • Best interests of the child
  • Gordon v. goertz relocation test
  • Fresh evidence (palmer)
  • Section 7 expenses
  • Parental alienation
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Family law 2019 BCSC 1266

Dowell v. Hamper

The court dismissed a father's bid to block the mother's relocation with their child to Nelson, finding the move was in good faith and supported by workable parenting arrangements.

  • Relocation under s.69 fla
  • S.211 assessment reports
  • Best interests of the child (ss.37-38 fla)
  • Parenting time orders
  • Parental alienation
  • Good faith and reasonable workable arrangements
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Family law 2018 BCSC 1419

Bailey v. Bailey

The court refused the mother’s request to relocate the children to Lake Country, holding their best interests were better served by remaining in the Lower Mainland with parenting time that maximized both parents’ involvement.

  • Best interests of the child
  • Relocation under family law act
  • Parenting time allocation
  • Guardian decision-making
  • Application of division 2 vs division 6 of part 4
  • Best-interests-of-the-child
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Family law 2017 BCSC 465

M.C.J. v. R.J.G.

A British Columbia court held the child should reside primarily with the respondent in Toronto, with joint custody, a detailed parenting schedule, child support, and property division orders.

  • Best interests of the child
  • Residency/relocation
  • Parenting schedule
  • Good faith relocation (fla s.69)
  • Divorce act s.16 custody analysis
  • Section 211 social assessment report
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Family law 2014 BCSC 231

H.N.M. v. S.C.J.K.

Family law decision on relocation, parenting, child support, spousal support, and divorce. The child was ordered to reside primarily with the mother in Chetwynd after a delayed transition.

  • Best interests of the child
  • Parenting time
  • Relocation
  • Income determination for support
  • Parental conduct and parenting capacity
  • Family-law
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Family law 2012 NSSC 453

Hurley v. Hurley

Divorce was granted; Jacob's wish to relocate was given significant weight but relocation was delayed to protect his educational continuity and minimize disruption — Jacob is permitted to relocate to Calgary after completing grade 8 (effective August 1, 2013); mother's income was imputed at $25,000 to July 31, 2013 and $30,000 thereafter for support calculations; child support set at $1,491 monthly effective September 1, 2012 based on father's known income ($105,161) with set off and table adjustments applying after August 1, 2013; spousal support set at $900/month effective September 1, 2012…

  • Best interests of the child
  • Child relocation
  • Imputed income
  • Retroactive child support
  • Spousal support quantum
  • Parenting regime
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Family law 2003 BCSC 1392

L. v. L.

The court set aside an ex parte relocation order for nondisclosure of material facts and held there was no material change to vary the earlier custody order.

  • Ex parte application
  • Utmost good faith (uberrima fides)
  • Variation of custody order
  • Material change in circumstances
  • Best interests of the child
  • Set aside order
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Family law 2003 BCSC 491

R.D.N. v. C.M.N.

A custody variation case in which the court found the father’s move to Saskatoon was a material change and ordered limited joint custody plus revised access.

  • Custody variation
  • Material change in circumstances
  • Best interests of the child
  • Access scheduling (christmas and spring break)
  • Custody-variation
  • Material-change-in-circumstances
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