What are the factors used by the courts to determine whether or not to grant a temporary order to relocate a family member to a different location?

Ontario, Canada


The following excerpt is from V.M.Y. v. S.H.G., 2018 ONSC 5331 (CanLII):

Marshman J. stated in Plumley v. Plumley at paragraph 7 that the important factors in deciding a mobility issue on an interim basis are: 1. A court will be more reluctant to upset the status quo on an interim basis and permit the move when there is a genuine issue for trial. 2. There can be compelling circumstances that might dictate that a judge ought to allow the move. For example, the move may result in a financial benefit to the family unit, which will be lost if the matter awaits a trial or the best interest of the children might dictate that they commence school at a new location. 3. Although there may be a genuine issue for trial, the move may be permitted on an interim basis if there is a strong probability that the custodial parent’s position will prevail at trial.

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