After the introduction of the Family Law Act last year, Part 4, Division 6 of the FLA introduced new obligations for guardians seeking to relocate where there is an existing (final) order or agreement respecting parenting arrangements or contact with a child. The legislation was also supposed to clarify the factors that a court must take into account when considering relocation applications.

However, it is unclear whether Division 6 applies where there is an interim order, but no final order between the parties. This topic has received some consideration by the Supreme Court of British Columbia over the past year.

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