How have courts treated mobility motions in the context of a custodial parent’s mobility impairment?
Ontario, Canada
The following excerpt is from Crites v. Crites, 2001 CanLII 32739 (ON CJ):
[27] Gordon v. Goertz, supra, is also instructive in its emphasis that mobility motions ought not descend into enquiries into the custodial parent’s reason or motive for moving (paragraphs [21]-[22]). Parental conduct, however meritorious or however reprehensible, does not enter the analysis unless it relates to the ability of the parent to meet the needs of the child.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a court vary a custody and access order where the child spends the preponderance of time resident with the custodial parent, with access to the non-custodial parent for a shorter time period? (Ontario, Canada)
In what circumstances would a parent be denied custody in a custody battle between a parent and a non-parent? (Ontario, Canada)
What is the test for determining whether a parent has the prima facie right to move a child from one parent to the other parent's custody? (Ontario, Canada)
When will a court order joint custody of a child where one parent professes inability to communicate with the other parent? (Ontario, Canada)
What is the test for parenting time between the parents of a child and a non-custodial parent? (Ontario, Canada)
How is child support calculated when one parent has physical custody of a child and the parents share custody of another child? (Ontario, Canada)
How have the courts interpreted a custody agreement where the mother was granted sole custody of the child by the court? (Ontario, Canada)
Does a custodial parent have to pay child and spousal support to the non-custodial parent of the child? (Ontario, Canada)
What are the consequences of a parent's unilateral decision to relocate in the context of a mobility motion? (Ontario, Canada)
On an interim motion, is it more likely that the court will grant a motion to allow the motion to be heard before trial? (Ontario, Canada)
