What are the factors that a court should consider when considering a request to relocate on a temporary basis?

Ontario, Canada


The following excerpt is from Wiafe v. Afoakwa-Yeboah, 2021 ONCJ 68 (CanLII):

The factors that a court should consider when asked to decide a request to relocate on a temporary basis were discussed the often-cited case of Plumley v. Plumley[18] as follows: 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 interests 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 a trial.

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