Case: N.W. v. L.V. – 2015

William DeWolf was the successful counsel at the Supreme Court of British Columbia in the relocation case of  N.W. v. L.V.

The Story

• A couple began cohabitating in Hazleton, British Columbia in May 2008 and separated in August 2013
• The couple had two children together: a 7 year old and 4 year old
• The children primarily lived with their mother (she was the primary caregiver)
• The father had parenting time with the children on several days of the week, but was often unable to take full advantage of his parenting time due to work
• The mother wished to move to Kamloops in order to take science courses at Thompson Rivers University ("TRU"), hoping to then enter nursing school
• The mother provided a notice that she wanted to move with the children to Kamloops in accordance with Section 66 of the Family Law Act
• The father made an application under Section 68 of the Family Law Act to prevent the mother's relocation of the two children from Hazleton to Kamloops

The Result

The court dismissed the father's application and allowed the mother to relocate. Why so? The court found that the mother's proposed relocation to Kamloops with the children was made in good faith. Additionally, the court decided that the mother's proposal included reasonable and workable agreements for the father to see the children. The proposal allowed the father extensive time with the children over Christmas, Spring break, and the summer. This demonstrated her appreciation of the father's involvement in the children's lives. Lastly, the court concluded that the agreements set forth in the mother's relocation proposal fit the best interests of the children. Section 37 of the BC Family Law Act outlines the criteria for determining the "best interests" of children. If you are dealing with a relocation issue and need our help, we are happy to assist you. Click here, call us at 604-974-9529, or email us at [email protected].