Is there a legal presumption in favour of a custodial parent's right to move?
Ontario, Canada
The following excerpt is from J.D.1 v. S.D., 2017 ONSC 895 (CanLII):
Another important point is clarified in Gordon v. Goertz. The suggestion that there is a legal presumption in favour of a custodial parent’s right to move was rejected. The court repeatedly emphasized that the best interests of the child was the ONLY consideration for the decision. However, the court also commented at paragraph 48: While a legal presumption in favour of the custodial parent must be rejected, the views of the custodial parent, who lives with the child and is charged with making decision in its interest on a day-to-day basis, are entitled to great respect and the most serious consideration. The decision of the custodial parent to live and work where he or she chooses is likewise entitled to respect, barring an improper motive reflecting adversely on the custodial parent’s parenting ability.
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