Volume 25, Number 1, 2009
Articles
- The Child's Perspective on Legal Representation: Young Adults Report on Their Experiences with Child Lawyers - Rachel Birnbaum and Nicholas Bala
- A Presumption for the Best? - Eiad El Fateh
The current law in Canada regarding parental relocation causes uncertainty for both parents and children. In Gordon v. Goertz the Supreme Court of Canada endorsed a "no presumption" approach and set out several factors that judges should consider in deciding whether to allow a move. In this paper I examine how courts in British Columbia reach a decision on whether to allow a move and specifically, which factors are most influential. This analysis revealed that the most important factors were the reasons for the move, misconduct by the parents, the age of the child, and the relationship between the child and the noncustodial parent. I also found that courts often scrutinize the custodial parent's decision to move, not permitting them to move in over 40% of cases. I conclude that it would be preferable to have a presumption in favour of allowing the custodial parent to move.
Book Reviews
- The New Lawyer: How Settlement is Transforming the Practice of Law by Julie MacFarlane - Michaela Keet and Connie den Hollander
- Tug of War by Justice Harvey Brownstone - Dr. Barbara Landau
Case Comment
- Custody and Access Decision-Making and the Breastfeeding Child: Cavannah v. Johne - Fiona Kelly