MOVIN' ON |
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| Authors: | D A RollieThompson |
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| Institution: | D. A. Rallie Thompson is a professor at Dalhousie Law School, Halifax, Nova Scotia, Canada, where he has taught family law, civil procedure, evidence, and clinical law since 1982. He has been a member of the Nova Scotia Bar since 1980 and has twice served as executive director of Dalhousie Legal Aid Service, from 1982 to 1985 and from 1991 to 1994. Unlike Hank Snow, he has not left Nova Scotia for fame and fortune. |
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| Abstract: | In Canada, relocation cases are governed by the 1996 Supreme Court of Canada decision in Gordon v. Goertz , thanks to Canada's constitutional and judicial structure. Gordon rejects presumptions or burdens, mandating an individualized best interests inquiry in every case. Since 1996, appeal courts have done little to develop or refine this approach. Trial level decisions do reveal certain trends, allowing moves in about 60% of cases, but more often for "primary caregivers" and much less often in shared custody cases. Federal custody reform proposals to date have not addressed relocation issues. |
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| Keywords: | relocation mobility Canadian law custody custodial parent |
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