CUSTODY AND ACCESS - Considerations - Best interests of child - Primary residence - Removal of child from jurisdiction - Practice and procedure - Appeals

Law360 Canada ( October 30, 2017, 9:15 AM EDT) -- Appeal by the father from a summary trial order permitting the mother to relocate from British Columbia to England with the parties' child and a subsequent order refusing to reopen the trial. The parties were both born in England and their extended families resided in England. The parties met in England in 2011. The mother took leave from a teaching job to reside with the father in Ymir, British Columbia. The relationship initially did not work and the mother returned to England. She returned to Canada after learning she was pregnant. The parties married in July 2013. Their child was born seven months later. The parties separated in August 2014, parenting equally thereafter. The mother relocated to Nelson, approximately 20 minutes from Ymir. She was unable to obtain teaching work in British Columbia and sought to return to England with the child. The father worked as a self-employed outdoor educator. He maintained that his best career opportunities lay in British Columbia rather than England. It was agreed that each parent was capable and the child was happy and well-adjusted. The summary trial judge concluded the child's best interests were consistent with granting the mother permission to relocate based on the mother's superior employment prospects in England. The father sought to reopen the trial based on fresh evidence of the mother's newly enhanced employment prospects within Nelson. The judge found the proffered evidence did not overcome the conclusion regarding the mother's superior employment prospects in England. The father appealed both the relocation and reopening orders....
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