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Droit de la famille – 121505, 2012 QCCA 1131 (CanLII)

Issue:  Change of custody because of a move.  Complete Decision.

The mother has custody of 3 children (8, 9 and 10 years). She asks to move a 1:45h drive away from the father with the children in order to complete her masters degree.  The father refuses and asks the court for full custody.  The judge of first instance grant’s the father full custody.  Decision:  Appeal granted. The weight of judicial authority supports a court allowing a move that is proposed in good faith and not intended to frustrate an access parent’s relationship with a child, so long as the primary caregiver parent is prepared to accommodate the interests of the child and the access parent.