What is the case law regarding mobility issues and custody and mobility issues?
Ontario, Canada
The following excerpt is from Prasad v. Lee, 2008 CanLII 24545 (ON SC):
At this time, prior to the trial of the custody and mobility issues, it must be presumed that both parents are capable of being custodial parents. Similarly, it is appropriate to assume that (in the absence of compelling evidence to the contrary) the best interests of Krishna are served by maintaining his close contact with both parents until the disputed issue of custody is resolved at trial. (see: Goodship v. McMaster 2003 CarswellOnt 4502 at para. 6 and Hunt v. Hunt 2001 CarswellOnt 4549 at paragraphs 19 and 21)
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