Is there any case law that supports the argument that the applicant’s motives are purely selfish?

Ontario, Canada


The following excerpt is from Maclean v. Kowalski, 2021 ONSC 2258 (CanLII):

The respondent argues that the applicant’s motives are purely selfish. Her reasons for moving are self-focused. The respondent refers to paragraph 37 in Gordon v. Goertz where it was noted that “custodial responsibilities curb the personal freedom of parents in many ways”.

As was noted in McArthur v. Brown, at para. 143, most desired moves have little direct connection with a child’s interests or needs. Almost invariably, the move is desired by the applicant parent in order to further his or her interests or needs. For that reason, the parent’s reason for moving is only considered in the exceptional case where it is relevant to the parent’s ability to meet the needs of the child.

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