When will the court allow the sole custodial parent of the children to move to Australia?

Ontario, Canada


The following excerpt is from Philips v. Khalid, 2019 ONCJ 602 (CanLII):

On the evidence presented, the move to Australia will allow the mother to plan for the security and wellbeing of the children, both personal and financial. As the sole custodial parent, her views should be accorded respect. And in the absence of compelling reasons to prevent that move, the court must recognize that the children’s best interests will be served by a happy and well-functioning custodial parent. Orring v. Orring, supra

Other Questions


Can a court vary a custody and access order where the child spends the preponderance of time resident with the custodial parent, with access to the non-custodial parent for a shorter time period? (Ontario, Canada)
In what circumstances would a parent be denied custody in a custody battle between a parent and a non-parent? (Ontario, Canada)
How is child support calculated when one parent has physical custody of a child and the parents share custody of another child? (Ontario, Canada)
When will a court order joint custody of a child where one parent professes inability to communicate with the other parent? (Ontario, Canada)
Does a father who seeks to undermine the relationship between his children's relationship with their mother, who is also a primary parent of the children, violate the children’s right to care for them? (Ontario, Canada)
Does a parent have physical custody of the children during the periods when the children are not in his care? (Ontario, Canada)
What is the test for parenting time between the parents of a child and a non-custodial parent? (Ontario, Canada)
Does a custodial parent have to pay child and spousal support to the non-custodial parent of the child? (Ontario, Canada)
How have the courts interpreted a custody agreement where the mother was granted sole custody of the child by the court? (Ontario, Canada)
Is the mother de facto custodial parent of the children in a custody dispute? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.