The difficulty you bump into with that, if I can describe it this way.... The underlying concern that leads to that is the worry that you will default and say no to the move. That's the concern that underlies that, if the parent seeking to move says, “I won't move without my kids.” That's the concern that underpins the question. The difficulty is that, if you end up not knowing what someone might do—and let's face it, what they might do after the judgment—you may not know what the options realistically are. Someone may be prepared to move no matter what; other people might not.
If you want to resolve these cases, the one thing that we've learned is that the more you know what options are on the table, the more likely it is that you can find one that will avoid the conflict. My concern is that, when you take something off the table like that, because it's awkward.... There's a wonderful quote in my brief from a B.C. Court of Appeal judge. The reality is that it may provide important information in the best interests of the child. That's what we're after in trying to resolve these cases.
It's awkward, and it's difficult, but sometimes you need to know it.
