What is the test for a separation agreement allowing a mother to move with her young child?
Ontario, Canada
The following excerpt is from Mitts v Mitts, 2014 ONSC 6519 (CanLII):
[354] Ligate v. Richardson was a 1997 Ontario Court of Appeal case. The mother wanted to move with the parties’ young child from Toronto to Cambridge, Ontario. A Separation Agreement said the mother would not change the child’s residence outside of Toronto without consent (which would not unreasonably be withheld) or court order. At trial the move was denied. The child has a close relationship with her father and the court found there were no compelling reasons for the move.
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