What is the test for determining whether a specific travel choice is in the children’s best interests?
Ontario, Canada
The following excerpt is from Al-Fatlawi v. Al-Bajawi, 2019 ONSC 7210 (CanLII):
Where parents who are separated have conflicting views of what is in the best interests of their children, including issues related to their travel plans, the court may be called upon to determine whether a specific travel choice is in the children’s best interests. This type of best interests analysis has been framed as a “cost-benefit” determination: Kelada v Labib, 2016 ONSC 7737 at paras 28-30; Hamid v. Mahmood, 2012 ONCJ 474 at para 32.
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