Law360 Canada ( May 20, 2022, 12:45 PM EDT) -- Appeal by the mother from a judgment of the British Columbia Court of Appeal that set aside a parenting order that granted her primary residence and allowed her to relocate the parties’ two children from Kelowna to Telkwa. The parties met in northern British Columbia in 2011. The mother followed the father to Kelowna in 2012 and they married. When the parties’ relationship ended in 2018, after the father assaulted the mother, the mother took the children to her parents’ home in Telkwa, 10 hours from Kelowna. The parties split parenting time between Telkwa and Kelowna until the mother applied to relocate the children to Telkwa. The trial judge awarded primary residence of the children to the mother and allowed them to relocate to Telkwa. He found the key issues that favoured the move were the parents’ acrimonious relationship and the father’s financial situation. On appeal, the father sought to adduce additional evidence about his finances and the renovations he had made to the family home since trial. The Court of Appeal characterized the evidence as new because it had not existed at the time of trial and found the test in Palmer v. The Queen did not govern its admission. The appellate court admitted the evidence and found the relocation could no longer be justified. It concluded the children’s best interests were best served by staying in Kelowna with both parents....