Acts and Regulations

2020, c.23 - Family Law Act

Full text
Burden of proof
63(1)If the parties to a proceeding substantially comply with an order or agreement that provides that a child spend substantially equal time in the care of each party, the party who intends to undertake the relocation of the child has the burden of proving that the relocation would be in the best interests of the child.
63(2)If the parties to a proceeding substantially comply with an order or agreement that provides that a child spends the vast majority of their time in the care of the party who intends to undertake a relocation of the child, the party opposing the relocation has the burden of proving that the relocation would not be in the best interests of the child.
63(3)In any other case, the parties to a proceeding have the burden of proving whether the relocation is in the best interests of the child.
Burden of proof
63(1)If the parties to a proceeding substantially comply with an order or agreement that provides that a child spend substantially equal time in the care of each party, the party who intends to undertake the relocation of the child has the burden of proving that the relocation would be in the best interests of the child.
63(2)If the parties to a proceeding substantially comply with an order or agreement that provides that a child spends the vast majority of their time in the care of the party who intends to undertake a relocation of the child, the party opposing the relocation has the burden of proving that the relocation would not be in the best interests of the child.
63(3)In any other case, the parties to a proceeding have the burden of proving whether the relocation is in the best interests of the child.