A Gendered Approach to 'Quality of Life' after Separation under the British Columbia Family Law Act Relocation Regime

• Author: Meredith Shaw
• Position: Currently in the third year of her JD at the Peter A. Allard School of Law at UBC
• Pages: 121-139

APPEAL VOLUME 26  121

* Meredith Shaw is currently in the third year of her JD at the Peter A. Allard School of Law at UBC. She

is grateful to her reviewers and to the Appeal editorial board for their insightful comments, and to the

team at Rise Women’s Legal Centre for her introduction to this area of the law while a Rise student

clinician.

ARTICLE

A GENDERED APPROACH TO “QUALITY

OF LIFE” AFTER SEPARATION UNDER

THE BRITISH COLUMBIA FAMILY LAW ACT

RELOCATION REGIME

Meredith Shaw *

CITED: (2021) 26 Appeal 121

ABSTRACT

As established in existing literature, the separation of spouses has gendered consequences.

Women are likely to suer more severely, nancially, from the dissolution of a relationship

and are more likely to experience family violence. Mothers in heterosexual relationships

are more likely to have care of children after separation than are fathers. In the face of

those challenges, many guardians will apply to relocate for reasons that include seeking out

emotional support from extended family and new partners, better nancial opportunities,

and housing aordability and availability. is article charts and analyzes British Columbia

court decisions made under the Division 6 Relocation provisions of the Family Law Act.

In Division 6, legislators have directed courts to consider the eects of a proposed relocation

on a child’s quality of life and that of the guardian who proposed relocation. is article

examines how courts have engaged with the many gendered aspects of quality of life following

separation. It nds that courts’ recognition of family violence’s repercussions is uneven and

recommends the explicit inclusion of family violence in the Division 6 quality of life provision.

It identies the following as areas for further judicial education: rst, family violence and its

connections to courts’ assessment of female applicants’ credibility and to barriers to accessing

housing and, second, potential biases in assessments of new female versus new male partners

of applicant parents in heterosexual relationships.

APPEAL VOLUME 26  122

TABLE OF CONTENTS

INTRODUCTION ............................................................................................................................... 123

METHODOLOGY ..............................................................................................................................12 5

I. THE LAW: GOODFAITH RE ASONS FOR RELOCATION AS PART OF THE FLA

RELOCATION REGIME ...........................................................................................................12 5

II. TRENDS IN THE APPLICATIONS FOR R ELOCATION ..................................................127

A. GEND ERBASED TRENDS .............................................................................................. 127

B. FACTORS PROMPTING RELOCATION ....................................................................... 13 0

III. FAMILY VIOLENCE AS A MOTIVATION FOR RELOCATION ...................................... 132

IV. AFFORDABI LITY AND AVAILABILITY OF HOUSI NG AS

MOTIVATIONS FOR RELOCATION .....................................................................................136

A. AFFORDABILITY AND AVAILABILITY OF HOUSING ............................................ 13 6

B. RELIANCE ON RELATIONAL TI ES TO SECURE HOUSING................................... 137

C. AFFORDABILITY, AVAILABILITY, AND FAMILY VIOLENCE ................................13 8

CONCLUSION ....................................................................................................................................139