CUSTODY, PARENTING, AND ACCESS - Best interests of child - Custody and parenting time - Relocation

Law360 Canada ( September 15, 2026, 9:39 AM EDT) -- Appeal by appellant from order dismissing her appeal from an order requiring her to return the parties’ child to British Columbia from New Brunswick, and application to vary an order dismissing her application for a stay. The parties lived together in a marriage-like relationship in Terrace, B.C., and had a son born in April 2024. In March 2025, the appellant left with the child and moved to New Brunswick without notice to the respondent. The respondent applied for an order that the child be returned to Terrace, while the appellant sought an order that the child remain with her in New Brunswick. The judge found that the court had jurisdiction under the Family Law Act (FLA), considered the factors and the appellant’s reasons for relocating, found that both parties were capable and loving parents, found that family violence was not a significant factor in the child’s life, was not satisfied that the appellant’s reasons justified moving the child from Terrace to New Brunswick, and ordered that the child be returned to Terrace. The appeal judge dismissed the appellant’s appeal, finding no error in the application of s. 46 of FLA, the assessment of the child’s best interests and family violence, the assessment of credibility, or the findings of fact. On appeal, the appellant argued that the relocation decision applied the wrong legal test and failed to apply the relocation framework required. The respondent submitted that the appeal largely sought to re-weigh the evidence and that the return order should be upheld....
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