What is the likelihood that the mother will succeed in her mobility claim at trial if she facilitates the father's relationship with the child?
Ontario, Canada
The following excerpt is from Nyari v. Velasco, 2008 ONCJ 272 (CanLII):
[26] On the basis of the evidence provided to date, there is also a strong probability that the mother would succeed in her mobility claim at trial, if she facilitates the father’s relationship with the child, thereby meeting part 3 of the test in Plumley v. Plumley, supra. In addition to the circumstances set out above, the following factors support permitting the mother to move to Ottawa: (a) The jurisdiction the child resides in has no meaning to a child of this age. (b) The distance of the move, while awkward in facilitating meaningful access, is not prohibitive and can be adequately addressed. (c) The views of the custodial parent will be given great respect. It is highly likely that the mother will be granted custody on the basis of the evidence provided to date. (d) The mother’s roots are in Ottawa. She was living there until she moved to Toronto in 2006. (e) There is nothing preventing the father from moving closer to Ottawa so that he can see the child more frequently. He is not in the workforce and is attending a vocational high school. He could continue his education elsewhere.
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