CUSTODY, PARENTING, AND ACCESS - Conduct of parents - Removal of child from jurisdiction

Law360 Canada (December 6, 2022, 6:36 AM EST) -- Appeal by father from an order authorizing mother to relocate with B to Australia. He argued that the judge erred in law by not applying the presumption against relocation when there was an order in place giving them equal parenting time, in finding that the mother had a stronger relationship with B and in finding that the mother was more willing to support the father’s relationship with B than the father was in return. The mother was originally from Australia. She had family and potential job opportunities in that country. The father was a businessman whose work was conducted from British Columbia. They were married and had one child, B. They separated, and the mother filed a notice of family claim seeking to relocate to Australia. They agreed on a parenting schedule whereby the father had parenting time with B. An order was made directing that the relocation issue should be tried first ahead of the other issues raised in the family proceeding. Following a contested chamber’s application, an interim order was made for equal shared parenting time which remained in place until the conclusion of the relocation trial....
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