In what circumstances will a judge enforce a custody order where the child's residence is not the subject of the custody agreement?

Ontario, Canada


The following excerpt is from M. v. M., 2010 ONSC 5963 (CanLII):

In Gordon v. Goertz, [1996] 2 SCR at para. 116, L’Heureux-Dubé J. stated: In the absence of expressed restrictions relating to the incidence of custody, such as the child’s place of residence it must be assumed that an existing custody order or agreement reflects the best interests of the child and that such interests lie with the custodial parent.

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