Best interests of child – additional factors to be considered
62(1)In deciding whether to authorize a relocation of a child, the Court shall, in order to determine what is in the best interests of the child, take into consideration, in addition to the factors referred to in section 50,
(a)
the reasons for the relocation,
(b)
the impact of the relocation on the child,
(c)
the amount of time spent with the child by each person who has parenting time or a pending application for a parenting order and the level of involvement in the child’s life of each of those persons,
(d)
whether the person who intends to undertake the relocation of the child complied with any applicable notice requirement under section 60 or under an agreement or order referred to in subsection 60(5),
(e)
the existence of an agreement or order that specifies the geographic area in which the child is to reside,
(f)
the reasonableness of the proposal of the person who intends to undertake the relocation of the child to vary the exercise of parenting time, decision-making responsibility or contact, taking into consideration, among other things, the location of the new place of residence and the travel expenses, and
(g)
whether each person who has parenting time or decision-making responsibility or a pending application for a parenting order has complied with their obligations under this Act or an order or agreement, and the likelihood of future compliance.
62(2)In deciding whether to authorize a relocation of the child, the Court shall not consider whether the person who intends to undertake the relocation of the child would relocate without the child or not relocate if the child’s relocation was prohibited.
Best interests of child – additional factors to be considered
62(1)In deciding whether to authorize a relocation of a child, the Court shall, in order to determine what is in the best interests of the child, take into consideration, in addition to the factors referred to in section 50,
(a)
the reasons for the relocation,
(b)
the impact of the relocation on the child,
(c)
the amount of time spent with the child by each person who has parenting time or a pending application for a parenting order and the level of involvement in the child’s life of each of those persons,
(d)
whether the person who intends to undertake the relocation of the child complied with any applicable notice requirement under section 60 or under an agreement or order referred to in subsection 60(5),
(e)
the existence of an agreement or order that specifies the geographic area in which the child is to reside,
(f)
the reasonableness of the proposal of the person who intends to undertake the relocation of the child to vary the exercise of parenting time, decision-making responsibility or contact, taking into consideration, among other things, the location of the new place of residence and the travel expenses, and
(g)
whether each person who has parenting time or decision-making responsibility or a pending application for a parenting order has complied with their obligations under this Act or an order or agreement, and the likelihood of future compliance.
62(2)In deciding whether to authorize a relocation of the child, the Court shall not consider whether the person who intends to undertake the relocation of the child would relocate without the child or not relocate if the child’s relocation was prohibited.