What factors must be considered when determining the mobility of a child?
Ontario, Canada
The following excerpt is from Fair v. Fair, 2004 CanLII 16762 (ON SC):
With respect to the mobility issue the decision of Gordon v. Goertz, 1996 CanLII 191 (SCC), [1996] 2 S.C.R. 27 sets out a non-exhaustive list of factors that must be considered: 1. the existing custody arrangement and relationship between the child and the access parent; 2. the existing access arrangement and the relationship between the child and the access parent; 3. the desirability of maximizing contact between the child and both parents; 4. the views of the child; 5. the custodial parent’s reason for moving, only in the exceptional case where it is relevant to that parent’s ability to meet the needs of the child; 6. the disruption to the child consequent on removal from family, schools, and the community he or she has come to know.
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