What is the test for a motion to relocate a child to a new home where there are genuine issues for trial?
Ontario, Canada
The following excerpt is from Milne v. Mantifel, 2019 ONSC 5463 (CanLII):
Notwithstanding that there are genuine issues for trial, I must consider whether the relocation ought to be permitted notwithstanding such issues, if there is a strong probability that the mother’s position will prevail at trial. Based on the enumerated factors which I have considered as set out in Gordon v. Goertz, I conclude that there is a strong probability that the mother’s position will prevail at trial.
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