How have courts interpreted a custody order or agreement regarding the residence of a child where the child lives in Canada?
Ontario, Canada
The following excerpt is from Finch v. Butler, 2010 ONSC 4796 (CanLII):
In Gordon v. Goertz at para. 116, L’Heureux-Dubé J. stated: In the absence of expressed restrictions relating to the incidence of custody, such as the child’s place of residence it must be assumed that an existing custody order or agreement reflects the best interests of the child and that such interests lie with the custodial parent.
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