Case information

Family law — Custody — Change of residence — Best interests of child — Joint custody and equal shared parenting arrangement in place between child’s parents — Mother applying to court for permission to relocate with child — Father successfully opposing application — Whether limiting a relocation inquiry to framework outlined in Gordon v. Goertz, [1996] 2 S.C.R. 27, and Children’s Law Act, without reference to Barendregt v. Grebliunas, 2022 SCC 22, is an error of law — Whether asking litigants to call witnesses and limiting time available for cross-examination amounts to denial of procedural fairness — Children’s Law Act, R.S.N.L. 1990, c. C-13, ss. 31, 72.

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

Applicant T.O. (hereafter, the “mother”) and respondent M.L. (hereafter, the “father”) lived together in a relationship and had one child together. The mother and father separated in 2019.

After their separation they lived in neighbouring communities approximately one hour’s drive from St. John’s, Newfoundland and Labrador. They entered into a separation agreement and have shared parenting of the child on a week-for-week basis since November 2019.

In May 2020, the mother secured a new position with her employer, which was located in St. John’s. She brought an application for a court order permitting her to relocate with the child. The father opposed the application.

The application judge dismissed the application. The Court of Appeal of Newfoundland and Labrador unanimously dismissed the mother’s appeal.