Betton J. refused leave on four applications seeking relocation-related and enforcement orders, finding them unsupported, partly collateral, and not in the children’s best interests.
The court found the proposed relocation constituted a material change in circumstances but, on a fresh best-interests inquiry, concluded relocation to Lower Sackville was not in the child's best interests due to likely disruption to schooling and sports, reduced contact with siblings and extended family, and uncertainty regarding the mother's job location and hours. The existing shared parenting Consent Order of August 24, 2011 was continued. The court set a contingent variation in the event the mother actually relocates: T.B. to remain in joint custody with primary residence and day-to-day c…
The court allowed the mother to relocate with the children to Penticton, found a material change in circumstances, and varied the father’s access to structured weekend and telephone contact.