When will a court require a permanent restriction on the movement of the custodial parent?
New Brunswick, Canada
The following excerpt is from A.N.H. v. M.K.C., 2010 NBQB 120 (CanLII):
The argument is answered by Falvai v. Falvai 2008 BCCA 503: … a court cannot indenture an individual to a community. While I recognize that a residency condition of limited duration may be necessary on an award of sole custody in order to provide the access parent with notice of a proposed relocation, in my view, except in the rarest of cases, permanent conditions restricting the movement of a custodial parent should not be imposed. (at para. 40)
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