What is the evidentiary burden of a motion to prohibit the relocation of Ariyan's residence to Arnprior?
Ontario, Canada
The following excerpt is from Borrens v. Siddiqui, 2021 ONSC 7829 (CanLII):
Further, although both parties in a dispute concerning care and custody of a child bears an evidentiary burden in connection with the best interests of the child, the burden is on the moving party who seeks to change the status quo on an interim mobility motion to establish compelling reasons to grant the motion (see: Hazelwood v. Hazelwood 2012 ONSC 5069). Should an order be made prohibiting the move of Ariyan’s residence to Arnprior pending a trial of the issues in this matter? Should there be a temporary order placing the child in the primary care of the father?
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