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Cranbrook Kootenay Family Lawyers

MacLean Law is one of Western Canada’s most trusted, and experienced family law firms. For over 35 years, MacLean Law has represented clients throughout British Columbia. MacLean Law was founded in 1983 by Lorne MacLean, Q.C. Initially built on Lorne’s passion and calling for family law, the firm has experienced robust growth since its early beginnings and today is consistently rated as one of the top family law legal teams in Canada and was voted as Vancouver’s Top Family Law Firm in 2014, 2016, 2017, 2018, & 2019 and 2020. MacLean Law has achieved precedent-setting wins at all levels of Court in B.C, as well as the Supreme Court of Canada.  Call one of our MacLean Law Cranbrook Kootenay Family Lawyers if you have family law questions concerning separation and divorce.

Cranbrook Kootenay Family Lawyers 1 877 602 9900

Our Cranbrook and Kootenay family lawyers represent clients throughout the Kootenay region, including Cranbrook, Fernie, Castlegar, Trail, Creston, Revelstoke, Rossland, Kimberley, and Nelson. Our Cranbrook and Kootenay family lawyers handle all family matters, including Separation and Divorce, Child Custody and Access, Child Support, Spousal Support, and Family Law Appeals. 

The Kootenay’s is home to some of British Columbia’s most beautiful towns, as set out in this article by the culture trip. Several Kootenay cities were named by mapquest travel as the best places to live in British Columbia, as seen here. 

The Kootenay Rockies’ raw, vast beauty makes it a perfect destination for those who enjoy the outdoors and attracts many throughout Canada who relocate to this beautiful region. Our Cranbrook divorce lawyers also understand that change is inevitable, and Kootenay residents may have to relocate to a different part of the Province or Country due to a plethora of different reasons. 

Our Cranbrook and Kootenay family lawyers explain that relocation can become trickier in a post-separation family, where there are children involved. In general, relocation involves a move that will substantially impact a child’s ability to maintain contact with one of their parents. 

Cranbrook Kootenay Family Lawyers
Fraser MacLean Vancouver and Cranbrook Kootenay Family Lawyer

In today’s blog, lawyer Fraser MacLean explores parental relocation under the B.C Family Law Act (the “FLA”),

According to the FLA,“relocating guardian” is a guardian who plans to relocate a child.

Section 46 of the FLA applies where there is no previous order or agreement regarding parenting. 

Section 69 of the FLA applies to when a child’s guardian plans to relocate, and a written agreement or an order respecting parenting arrangement or contact with the child applies to the child.

S. 69 of the FLA sets out the following: 

Orders respecting relocation

69   (1)In this section, “relocating guardian” means a guardian who plans to relocate a child.

(2)On application by a guardian, a court may make an order permitting or prohibiting the relocation of a child by the relocating guardian.

(3)Despite section 37 (1) [best interests of child], the court, in making an order under this section, must consider, in addition to the factors set out in section 37 (2), the factors set out in subsection (4) (a) of this section.

(4)If an application is made under this section and the relocating guardian and another guardian do not have substantially equal parenting time with the child,

(a)the relocating guardian must satisfy the court that

(i)the proposed relocation is made in good faith, and

(ii)the relocating guardian has proposed reasonable and workable arrangements to preserve the relationship between the child and the child’s other guardians, persons who are entitled to contact with the child, and other persons who have a significant role in the child’s life, and

(b)on the court being satisfied of the factors referred to in paragraph (a), the relocation must be considered to be in the best interests of the child unless another guardian satisfies the court otherwise.

(5)If an application is made under this section and the relocating guardian and another guardian have substantially equal parenting time with the child, the relocating guardian must satisfy the court

(a)of the factors described in subsection (4) (a), and

(b)that the relocation is in the best interests of the child.

(6)For the purposes of determining if the proposed relocation is made in good faith, the court must consider all relevant factors, including the following:

(a)the reasons for the proposed relocation;

(b)whether the proposed relocation is likely to enhance the general quality of life of the child and, if applicable, of the relocating guardian, including increasing emotional well-being or financial or educational opportunities;

(c)whether notice was given under section 66 [notice of relocation];

(d)any restrictions on relocation contained in a written agreement or an order.

(7)In determining whether to make an order under this section, the court must not consider whether a guardian would still relocate if the child’s relocation were not permitted.

Cranbrook Kootenay Family Lawyers 1 877 602 9900

Our Cranbrook family lawyers are both experienced in bringing and defending against relocation cases. Below are various cases in which a parent’s relocation was successful: 

In Vanderhook v. Yates, 2019 BCSC 2380, a trial concluded in 2017 which set out orders for parenting time and parenting responsibilities. The mother brought an application in 2019 to relocate to Alberta with the parties’ two children. The court found that the best interest of the children was served by remaining with their mother and granted the mother’s application to relocate with the children to Alberta. 

In C.A.P v. M.A.P., 2015 BCSC 183, the mother sought to relocate with the parties’ 2-year-old child, from the interior of B.C. to White Rock. The mother had been the child’s primary caregiver and the father’s work commitments took him to the Lower Mainland frequently. The mother had also proposed reasonable and workable parenting arrangements. The court granted the relocation. 

Balcaen v. Fitzpatrick, 2018 BCSC 1358, was a Chambers application in which the father sought an order for the parties’ 10-year-old child to move from his mother’s home in Langley to his home in Chilliwack. Given the impending school year, the matter proceeded summarily. A S.211 Report by a neutral expert greatly assisted the court, and the court stated at para 3 “Where, as in this case, each side has presented the strongest case he or she could through their affidavits, the input of an experienced neutral observer greatly assists the Court.” The presiding judge accepted the conclusion of the s.211 author that provided that the best interest of the child lay with moving to be with his father and granted the requested relocation order.

BC Divorce and Separation Lawyers 1 877 602 9900

If you need help with bringing or defending against a proposed relocation, speak with one of our MacLean Law Cranbrook Kootenay Family Lawyers today. Our Kootenay family and divorce lawyers are readily available for phone or video consultations and can assist you with all family matters. Call one of our top family lawyers today at 1-877-602-9900.