In a custody and relocation application, is one or the other parent best able to meet the needs of the children?
British Columbia, Canada
The following excerpt is from Fotsch v. Begin, 2015 BCSC 227 (CanLII):
However, in the context of an initial custody and relocation application there has been no previous determination that one or the other parent is best able to meet the needs of the children. Accordingly, the modification of the test in Gordon v. Goertz, in my view, needs to include a modification of para. 49(7)(e). In an initial application, it seems to me that the reasons for a parent’s proposed move are relevant to the issue of whether the proposed move will meet the needs of the children or affect (positively or negatively) on that parent’s ability to meet the children’s needs. As the children’s best interests is the “only issue” in the blended analysis, all relevant circumstances that relate to the children’s needs and each parent’s ability to satisfy those needs must be considered.
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