Over the past 20-years, the Supreme Court of Canada (“SCC”) has declined to grant leave to appeal on any cases dealing with mobility/relocation of parents and children in family law matters. This has created challenges for counsel advising clients on the possible outcomes of such applications. Several forward thinking/activist Justices have been appointed in the recent years and their desire to clarify issues in family law is becoming apparent.
The SCC recently agreed to hear Barendregt v Grebliunas, 2021 BCCA 11, which dealt with a mobility/relocation case from West Kelowna to the Bulkley Valley. It is anticipated that the SCC may finally provide further guidance as to the applicable principles for mobility/relocation in family matters in conjunction with the recent changes to the federal Divorce Act, which specifically set out the enumerated factors for such applications.
The full Court of Appeal decision can be found on CanLii here: https://canlii.ca/t/jckfl
If you or someone you know requires legal services related to family law matters, call us today!
Ronald S. Foster, Q.C.
Family Law Solutions, Foster Dickson O’Brien
1400, 350 7th Avenue SW, Calgary, AB T2P 3N9
T 587 315 6491