Summary

Keywords

Family law - Custody, Evidence - Family law - Custody - Mobility rights - Evidence - New evidence - Court of Appeal overturning trial judge’s decision to allow mother of children to relocate with them to distant community close to her family - Court of Appeal allowing admission of father’s new evidence of financial improvements occurring since hearing of appeal and overturning relocation order - Whether the conditions under which new evidence may be admitted are unclear, particularly in custody disputes - How should the Palmer test to admit fresh or new evidence be applied in the “slightly relaxed” conditions of custody cases? - Whether a different test should be applied to applications involving “fresh” evidence as opposed to “new” evidence? - Palmer v. The Queen, [1980] 1 S.C.R. 759.

Summary

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The parties were married in 2013 and separated in 2018 and have two children, ages 7 and 5. In December 2019, the trial judge granted the appellant’s application for primary residence of the children and to relocate with them to a town a thousand kilometres away from the former matrimonial home where the respondent resided. This decision was overturned on appeal but the order was stayed.