In Gordon v Goertz ([1996] 2 SCR 27)
("Gordon"), the Supreme Court of Canada drafted
a framework for mobility applications. Since Gordon,
Canadian courts have applied and refined the Gordon
framework. In 2019, the Divorce Act was amended to codify
the framework found in Gordon and the subsequent
refinements found in Canadian jurisprudence.
The Barendregt v Grebliunas, 2022 SCC 22
("Barendregt") decision provided the Supreme
Court of Canada with an opportunity to clarify the common law
framework in accordance with the Divorce Act.
The Supreme Court held that the "crucial question" in
mobility applications is "whether relocation is in the best
interests of the child, having regard to the child's physical,
emotional and psychological safety, security and well-being"
(Barendregt at para 152).
