In what circumstances will a court refuse to allow a mother of two to move with her children to the United States?
Ontario, Canada
The following excerpt is from Vanderhyden v. Vanderhyden, 2002 CanLII 2687 (ON SC):
In Dolph v. Dolph, [2001] O.J. No. 1775 (Ontario Superior Court of Justice), Stach J. refused to allow the applicant, an American national, to move with her children to the United States. Justice Stach noted, among other things, the degree of uncertainty with respect to her proposed employment. He noted that her income would be based entirely on commissions, that she would be an independent contractor. It would be necessary for her to develop a client base, but she had not yet developed a marketing plan. He noted the cost of purchasing health care. Justice Stach also stated that while he tended to agree that the career prospects for the applicant were much greater in the United States, he found that she had not made a sustained or serious job search in Canada.
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