Robin James Goertz v. Janet Rita Gordon (1996)

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A court order allowing Janet Gordon, a Saskatchewan mother, to relocate with her daughter was challenged by her ex-husband. Ms. Gordon wanted to move with the child to take a new job in Australia but the father said it would limit his access to the child.

LEAF intervened at the Supreme Court of Canada to argue that custodial mothers must have the right to relocate with their children, unrestricted by fathers' right to convenient access. 74% of custodial parents are women. LEAF argued that the principles governing custody must take into account the impact of divorce on women and children in order to be consistent with women's equality guarantees.

The Supreme Court ruled that the mother should be allowed to relocate since the courts had previously decided that it was in the best interest of the child to remain in custody of the mother.

Supporting documents
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Supreme Court of Canada Decision (1996)