Jan 9, 2019
The parties lived together in a marriage-like relationship in Vancouver between 2009 and 2013, and had a son who is seven years of age. The mother is from Nova Scotia where her parents still live on the family farm and her siblings and their families live close by. The father has no family in Canada. When their relationship ended in May 2013, the mother returned to Nova Scotia with their son. The father insisted she return to Vancouver, and she agreed, once again taking up residence in the father’s house. They continued to reside under the same roof until their relationship further deteriorated. In September, 2015, the mother left the father’s home with their son. She served the father with notice she wished to relocate with the son to Nova Scotia. The father was opposed. They filed applications to resolve issues related to guardianship, relocation, parenting time, child support, and related matters. The motion judge granted both parties guardianship of their son. The mother was awarded primary residence and the father was awarded parenting time three days a week, including one overnight period. The matter of relocation was set down for trial. The trial judge dismissed the mother’s application to permit her to relocate to Nova Scotia and the father was awarded equal parenting time. The B.C.C.A. set aside the trial judgment and allowed the mother’s application for relocation. 'The application for leave to appeal...is dismissed with costs.'