When will a court order a variation of custody for a child who was born in New Zealand?
Saskatchewan, Canada
The following excerpt is from T.S.T. v. A.E.T., 2008 SKQB 170 (CanLII):
Madam Justice L’Heureux-Dubé in Gordon v. Goertz, supra considered the issue of relocation and stated: 125 While a change of residence does entail some amount of adaptation on the part of the child as well as both parents, a variation of custody is clearly a more violent disruption in the life of a child. It must be remembered that if a transfer of custody is ordered, another move is to take place, that of the child with the non-custodial parent, with all it implies in terms of future limitations on the child’s relationship with his or her primary caretaker. These considerations underlie the court’s general reluctance to interfere with the custodial parent’s decision to relocate by ordering a variation of custody....
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