The custodial parent can effectively move with the children anywhere they want.
http://canlii.ca/t/gvx6c
Father in this case is a lousy litigator, but still. Usual nonsense.
The father is involved, but either you are a parent or you are not. If you have less than 40%, you can pretend you are a parent, but you are not.
The mother will have more money if she moves. Since she has custody, that is good for the kid. Father doesn't have custody, he doesn't matter.
If you are male and you don't have a job, that makes you a lousy parent. Presumably the mother could have moved and paid CS to the father... just kidding. Mother has custody, that can't be changed.
Because child can only flower with primary custodial parent.
The only people who believe that it is a delicate balance are those who haven't read the case law.
http://canlii.ca/t/gvx6c
Father in this case is a lousy litigator, but still. Usual nonsense.
[36] In the circumstances of this case, it is not appropriate to view the father as an “access” parent but it is nonetheless important to observe that he agreed, shortly after the child’s birth, that her primary residence would be, as it has ever since been, shared with her mother and sister.
44] In this case, the mother testified that in Midland she would have, and had, no financial stability. She argued that if the move was refused she would be compelled to return to the Midland area where she would have “no fighting chance” to, what the court inferred was, succeed. That diminished future would impact both of her children.
31] the father maintained that the child should remain in the Midland area residing with him at his parents’ residence. He is financially dependent on them and likely will remain partially, if not almost wholly, dependent on them for the foreseeable future given his back condition and potential future surgery. The court was not told what other career options were open to the father or what inquiries he had made to explore vocational retraining in the event that, again, he was unable to engage in physical labour.
[58] the child should be given the opportunity to emotionally and intellectually flower in the family environment in which she has been raised since birth with her mother and sister.
In no way should this outcome be viewed as impugning or minimizing the father’s relationship with the child or what the father and his family have contributed but rather, it weights the delicate balancing of the child’s best interests in favour of the proposed move.
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