The Supreme Court of British Columbia has handed down a favourable decision for our client, preventing the relocation of his children from Aldergrove, BC to Stonewall, MB.
Reasonable and Workable Arrangements – BC Family Law Act
Judge Saunders explained that “any relocation case must be focused on the “best interests” of the child.” He went on to add that, where parenting time is substantially unequal, such cases normally have also considered the factors of “good faith” and “reasonable and workable arrangements” set out in s. 69(4)(a) of the Family Law Act. However, Judge Saunders reasoned that examining the latter two factors was only necessary where the considerations are “evenly balanced” between allowing and disallowing the relocation. Therefore, if the best interests of the child is very one-sided, the court may focus solely on the best interests issue and need not assess the factors of good faith and the proposed parenting time arrangements.