CANADA Trends and Developments Contributed by: Shannon Beddoe, Annabelle Lim and Susannah Mungall, McCarthy Hansen & Company LLP
the family considered; and the proposed arrangement is financially and logistically sustainable. Economic necessity narrows the inquiry to realistic options; it does not guarantee authorisation. Part V: economic stability is already part of the best interests analysis The child’s best interests have never been confined to geography. Canadian courts routinely assess housing quality and stability, routine predictability, the impact of parental stress and mental health on parenting capacity, school stability, and the practical feasibil - ity of parenting plans. The 2021 amendments codify many of these considerations in relocation-specific factors. Foregrounding economic necessity does not expand the test; it clarifies the evidentiary lens through which courts view stability, feasibility, and the child’s welfare. A focus on economic stability gives fuller expression to existing best interests factors. Housing stability is not merely a logistical concern; it bears on a child’s sense of security and continuity. Parental stress from chronic financial shortfalls can impair decision-mak - ing, diminish parent–child interactions, and increase interparental conflict. School stability is partly a prod - uct of housing stability. The feasibility of maintain - ing meaningful contact with both parents depends not only on distance and schedules, but also on the capacity to fund travel consistently. Each fits within established doctrine. The question is not whether to import “economics” into family law; it is whether courts should make explicit what is implicit when eval - uating the realism of “staying versus moving”. This approach also respects the 2021 framework’s burden allocation. Where parenting time is substan - tially equal, the relocating parent bears the onus to show the move is in the child’s best interests; where the child primarily resides with one parent, the onus shifts accordingly. In both settings, economic stabil - ity is a relevant fact to prove, document, and weigh. Part VI: emerging themes in the jurisprudence Recent decisions reflect patterns rather than uni - form outcomes. Without positing new presumptions, the following themes emerge from trial and appel -
late decisions applying the 2021 amendments and Gordon / Barendregt principles. Theme A : housing affordability as a stability factor Courts increasingly confront precarious status quo housing: short-term leases at above-market rents, reliance on temporary subsidies, or prospective dis - placement. Some decisions accept that relocation to a more affordable region, coupled with secure hous - ing (often with extended family), can enhance stability and serve the child’s interests. Other decisions find on different facts that local alternatives – downsiz - ing, co-housing, or shared accommodation – were not adequately explored. The pattern calls for objec - tive market evidence and a concrete housing plan, whether the parent stays or moves. Theme B : employment and financial sustainability Where a parent’s employment is tied to a region, or viable remote work is documented, courts assess the realism of continued employment post-separation, including commute times, childcare coverage, and job-loss risk. Relocations tied to concrete employ - ment opportunities – offers, seniority preservation, predictable hours – receive careful attention alongside the impact on the child’s relationships. Conversely, vague assertions of better prospects elsewhere, with - out applications or offers, carry little weight. Theme C : grandparent and extended family support Daily, reliable caregiving from grandparents – school pick-ups, after-school care, sick-day coverage – often matters. Courts distinguish occasional assistance from integrated caregiving that substitutes for costly childcare and supports a parent’s work schedule. Where extended family in the current locale provides similar support, proposed moves receive closer scru - tiny. Where support is uniquely available in the pro - posed location and local supports are thin, its rela - tional and economic value is recognised. Theme D : childcare logistics and availability Evidence of waitlists, nonstandard work hours, and limited access to affordable, consistent after-school care can influence feasibility analyses. Some deci - sions credit moves that solve chronic childcare gaps with minimal disruption to the other parent’s time; oth - ers prioritise continuity where local solutions exist or
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