A Study of Post-Separation/Divorce Parental Relocation

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Table of Contents

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• Executive Summary
• 1.0 Introduction
  • 1.1 Purpose of the Project
  • 1.2 Methodology
    • 1.2.1 Literature Review
    • 1.2.2 Analysis of Reported Canadian Cases
    • 1.2.3 Identifying Existing Canadian Data
  • 1.3 Limitations
  • 1.4 Organization of the Report
• 2.0 Literature Review
  • 2.1 The Nature of Relocation Disputes and Differing Legal Approaches
  • 2.2 The Challenge of Settling Relocation Cases
  • 2.3 Studies on the Effects of Relocation
  • 2.4 Studies of Relocation Cases
  • 2.5 Summary: The Challenges of Application of Research and Prediction
• 3.0 Analysis of Reported Canadian Cases
  • 3.1 The Legal Framework
    • 3.1.1 Statutory Provisions in the Divorce Act - The Best Interests Test
    • 3.1.2 The "Bests Interests" Approach of Gordon v. Goertz
  • 3.2 Methodology
  • 3.3 Trends and Factors in Relocation Cases
    • 3.3.1 An Increase in the Number of Cases, While Relocation Success Rate Constant
    • 3.3.2 Mainly Mothers Who Apply
    • 3.3.3 Reasons for Seeking to Relocate
    • 3.3.4 Substantiated Familial Abuse - A Significant Factor
    • 3.3.5 Intra-Provincial vs. National vs. International Moves
    • 3.3.6 Relationship of Children With the Moving and Other Parent: Custody Status
    • 3.3.7 Age of Child
    • 3.3.8 Wishes of the Child
    • 3.3.9 Conduct of the Applicant: The "Co-operative Parent" vs. "Badly Behaved Parent"
    • 3.3.10 Residence Restrictions Clauses
  • 3.4 The Role of Experts and Children's Lawyers
    • 3.4.1 Limited Role for Mental Health Professionals
    • 3.4.2 Lawyers for Children - Ontario
  • 3.5 Stage of the Proceedings
    • 3.5.1 Interim Orders
    • 3.5.2 Appellate Decisions: Deference to Trial Courts
  • 3.6 Summary
• 4.0 Review of Existing Canadian Data
  • 4.1 Census Data
    • 4.1.1 Mobility Trends
    • 4.1.2 Current Profile
  • 4.2 General Social Survey Data
  • 4.3 Survey of Professionals
  • 4.4 Summary
• 5.0 Discussion and Conclusions
  • 5.1 Summary of Parental Relocation Literature and Canadian Data
  • 5.2 The Challenges of Law Reform for Relocation Cases
  • 5.3 Suggestions for Future Research
• References

List of Tables and Figures

• Table 3.1 Relocation cases and success rates: Canada
• Figure 3.1 Number of cases per year across Canada from 2001 to 2010
• Figure 3.2 Effect of domestic violence allegations on relocation cases
• Figure 3.3 Effect of custody arrangement on relocation cases
• Figure 3.4 Effect of children's wishes on relocation success rate
• Figure 4.1 Percentage of population who moved by marital status and census
• Figure 4.2 Percentage of population with no children who moved by marital status and census
• Figure 4.3 Percentage of population with children aged 5-18 who moved by marital status and census
• Table 4.1a Mobility status five years ago by legal marital status for 2001 census
• Table 4.1b Mobility status five years ago by legal marital status for 2006 census
• Figure 4.4 Percentage of population who moved within five years by legal marital status
• Figure 4.5 Percentage of population who moved within five years by gender and legal marital status
• Figure 4.6 Percentage of population who moved within five years by location of move and legal marital status
• Figure 4.7 Distance non-residential parent lived from child in 2001, according to residential parent
• Figure 4.8 Distance child lived from non-residential parent in 2006, according to non-residential parent
• Table 4.2a Respondents' perceptions of how often specific reasons are given in parental relocation cases, 2006
• Table 4.2b Respondents' perceptions of how often specific reasons are given in parental relocation cases, 2004
• Table 4.3a Respondents' perceptions of what the circumstances are in parental relocation cases and how frequently it occurs, 2006
• Table 4.3b Respondents' perceptions of what the circumstances are in parental relocation cases and how frequently it occurs, 2004

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