Canada Case Law

A.A.L. v. A.F.L.

Court

Supreme Court of British Columbia

The court held that (1) relocation to Vernon by Ms. L is permitted and she will remain the primary caregiver because that arrangement best serves the children's stability and welfare given her primary caregiving role and available support; (2) a graduated parenting regime is ordered increasing Mr. L's unsupervised parenting time with specified transition periods; (3) on income the court accepted agreed imputations: Mr. L's income imputed to $192,370 (May-Dec 2024) and $239,130 (from Jan 1, 2025); Ms. L's income imputed to $65,000 up to Oct 1, 2025 and $75,000 thereafter; (4) child support and…

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• Relocation
• Parenting arrangements
• Child support
• Spousal support
• Cohabitation agreement interpretation
• Property valuation

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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.

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

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Botten v. Botten

Court

Supreme Court of British Columbia

Because E. became habitually resident in Italy when relocated in July 2025, s.6.3 of the Divorce Act removes this Court's jurisdiction to make the requested parenting and travel orders absent the child's presence in British Columbia and exceptional circumstances, which were not shown; a Separation Agreement cannot preserve jurisdiction contrary to s.6.3.

Source excerpt

• Habitual residence
• Jurisdiction under s.6.3 of the divorce act
• Relocation
• Parenting time
• Enforcement of separation agreements

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L.J.W. v. R.A.O.

Court

Supreme Court of British Columbia

The court authorized the claimant to relocate with the child to New Jersey, adjusted parenting time and support, declined to treat Hawaii property as family property, and granted divorce.

• Relocation under divorce act s.16.92
• Best interests of the child
• Imputation of income
• Compensatory spousal support
• Section 7 special expenses
• Family violence

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Zhai v. Wong

Court

Supreme Court of British Columbia

Application dismissed because applicant failed to demonstrate on the affidavits that the interim relocation was made in good faith and provided sufficient, concrete arrangements; the imminent trial, lack of detail about required in-person events, risk of disrupting the child's schooling, unanswered affordability and tuition issues, and an existing Provincial Court non-removal order made the matter inappropriate for interim relief and better resolved at trial.

Source excerpt

• Relocation
• Best interests of the child
• Good faith test
• Non-removal order
• Schooling disruption

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Brodie v. Getson

Court

Supreme Court of Nova Scotia

Settlement conference communications are privileged and were not considered; respondent's fees to the end of the two-day trial were reasonable; because respondent's November 29, 2023 offer would have given the applicant the substantive relief sought the court awarded 66% of fees up to that offer and 80% of fees between that offer and end of trial, awarded nothing for post-trial fees for parenting and child support given no clear successful party, and ordered the total costs of $39,250 payable forthwith due to insufficient information to justify installment payments.

Source excerpt

• Relocation
• Offer to settle
• Settlement conference privilege
• Parenting and child support
• Costs payable forthwith

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Allen v. Allen-Bakshi

Court

Supreme Court of British Columbia

Summary trial was appropriate given sufficient evidentiary record and urgency from the mother's and S.'s precarious immigration status; on the merits the relocating guardian satisfied s.69(4) good faith and presented reasonable, workable arrangements and relocation to Germany was found to be in K.'s best interests under s.37 and s.38 (mother primary caregiver, German residency and medical coverage, familial support, father's limited ability to facilitate parenting time and compliance concerns), therefore final orders permitting relocation and setting parenting time and parental responsibiliti…

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• Relocation
• Parenting time
• Guardianship
• Summary trial
• Best interests of the child
• Family law act s.69

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Den Duyf v. Den Duyf

Court

Supreme Court of British Columbia

The court enforced a parental loan agreement, dismissed unjust enrichment and conspiracy claims, denied relocation, adjusted parenting, and granted divorce.

• Enforceability of memorandum of understanding (loan v gift)
• Future gift doctrine and gifts of survivorship
• Resulting and constructive trust issues
• Unjust enrichment elements and juristic reason
• Contract uncertainty and unconscionability
• Reapportionment of family debt under s.95 family law act

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C.K.N. v. A.M.N.

Court

Supreme Court of British Columbia

Relocation under the Divorce Act was refused because it would destabilize the children, especially the older child with special needs, and harm family relationships.

• Relocation
• Best interests of the child
• Parenting time
• Child with special needs
• Financial disclosure
• Best-interests-of-the-child

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F.K.L. v. D.M.A.T.

Court

Supreme Court of British Columbia

The court dismissed a mother's relocation application to move the child from Gold River to Comox, finding no material change in circumstances and leaving the parenting order unchanged.

• Relocation
• Variation of parenting order
• Views of the child
• Best interests of the child
• Material change in circumstances
• Parenting coordinator

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