In what circumstances will a court order a temporary relocation in a mobility case?
Ontario, Canada
The following excerpt is from V.M.Y. v. S.H.G., 2018 ONSC 5331 (CanLII):
In Cox v. Darling, Justice Sherr of the Ontario Court of Justice noted that “Courts need to be very cautious in permitting temporary moves in mobility cases because the child-focused inquiry required under Gordon v. Goertz, supra, is very difficult, if not impossible, to accomplish on the conflicting affidavits that one receives in these cases.” Sherr J. stated further in the same paragraph that “courts do not like to create disruptions in the lives of children by making an order that, if later reversed, will result in further disruption.” [cites omitted]
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