The author argues is guidelines in relocation cases are rather subjective which leads to further litigation because of the uncertainty of the law.
By Ken Nathens, Family Lawyer
This article focuses on the leading 1996 case of Gordon v. Goertz of the Supreme Court of Canada. The author’s argument is that although Gordon establishes guidelines for move-away cases the guidelines are rather subjective which leads to further litigation because of the uncertainty of the law. He makes recommendations as to what features should be included in legislation that deals specifically with mobility issues should the rest of the provinces and Parliament choose to legislate the issue of mobility as has British Columbia, the only Canadian jurisdiction to create specific legislation that focuses on mobility. The author concludes by arguing that there should be a legislative presumption against permitting children to move away with one parent away from the other parent.
Ken Nathens is a partner in the law firm of Nathens, Siegel LLP, a Toronto law firm restricted to family law matters.
Today, the majority of courts consider the best interests of the child – including the importance of a relationship with the noncustodial parent – in determining relocation applications.