Author: Camille Boyer

Recent amendments to the Divorce Act and resulting jurisprudence have significantly shaped the legal framework surrounding relocation and mobility rights, bringing greater clarity in many areas while also introducing nuanced procedural and substantive requirements. This paper explores what has changed, what remains constant, and how lawyers can interpret and apply the updated legislation effectively. Key themes include the evolution of the best interests of the child test under Gordon v Goertz, distinguishing relocation from a mere change in residence, and navigating the statutory burden of proof.

These materials were presented at LESA’s On the Move: Navigating Relocation and Mobility Rights in Family Law webinar on July 16, 2025.