May 2 – Reason For Wanting to Move Away With Child

“Under the Divorce Act, the custodial parent’s conduct can be considered only if relevant to his or her ability to act as parent of the child.  Usually, the reasons or motives for moving will not be relevant to the custodial parent’s parenting ability.  Occasionally, however, the motive may reflect adversely on the parent’s perception of the needs of the child or the parent’s judgment about how they may best be fulfilled.  For example, the decision of a custodial parent to move solely to thwart salutary contact between the child and access parent might be argued to show a lack of appreciation for the child’s best interests: see McGowan v. McGowan (1979), 11 R.F.L. (2d) 281 (Ont. H.C.); Wells v. Wells (1984), 1984 CanLII 2646 (SK QB), 38 R.F.L. (2d) 405 (Sask. Q.B.), aff’d (1984), 1984 CanLII 165 (SK CA), 42 R.F.L. (2d) 166 (Sask. C.A.).  However, absent a connection to parenting ability, the custodial parent’s reason for moving should not enter into the inquiry.”

Gordon v. Goertz, [1996] 2 SCR 27, 1996 CanLII 191 at 23