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
The following excerpt is from Terris v. Marcoux (Terris), 2003 CanLII 2040 (ON SC):
In Gordon v. Goertz, supra, McLachlin J. goes on to note at paras. 46 and 50: …The child's best interest must be found within the practical context of the reality of the parents' lives and circumstances, one aspect of which may involve relocation. But to begin from the premise that one parent has the prima facie right to take the child where he or she wishes may unduly deflect the focus from the child to its parents. … In the end, the importance of the child remaining with the parent to whose custody it has become accustomed in the new location must be weighed against the continuance of full contact with the child's access parent, its extended family and its community. The ultimate question in every case is this: what is in the best interests of the child in all the circumstances, old as well as new?
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