Isolation and a difficulty supporting oneself a proper factor in mobility cases?

Prince Edward Island, Canada


The following excerpt is from Waite v. Waite, 2021 PESC 12 (CanLII):

Isolation and a difficulty supporting oneself in the current jurisdiction have been seen to be proper factors for consideration in mobility cases in the past. In Boudreault v. Charles, 2014 ONCJ 273, the court stated at para. 26: Several cases have recognized that requiring a parent to remain in a community isolated from his or her family and supports and in difficult financial circumstances will adversely impact a child. The economic and financial benefits of moving to a community where the parent will have supports, financial security and the ability to complete their education and establish a career are properly considered in assessing whether or not the move is in the child’s best interests.

In Panduro v. Davis, 2019 ONSC 1117, the court denied the mother’s interim motion to take her one-year-old daughter from Toronto to British Columbia so she could take up her “dream job”. The mother also expressed that she was psychologically isolated in Toronto, but the court concluded the mother did not have any evidence indicating she could not care for the child or that the child would be adversely affected if she remained in Toronto. The court also expressed that in the mother’s evidence there was “minimal recognition of the importance of the child having a relationship with her father”. Hood J. also commented on the fact this issue was presented by way of an interim motion, stating:

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