What is the test for a parent who wants to move with their child?

Ontario, Canada


The following excerpt is from I.L.P. v. S.C., 2019 ONCJ 2 (CanLII):

[64] Relocation or mobility cases, where one parent wants to take a child and move some distance away from the other parent, are among the most difficult cases in family law. If the custodial parent is permitted to move with the child, inevitably the relationship between the non-custodial parent and the child will be affected and may suffer. Typically the court must balance the custodial parent’s legitimate interest in relocating with the non-custodial parent’s legitimate interest in maintaining a relationship with the child. But in every case, the ultimate question is what is in the best interests of the child. See: Reeves v. Brand, 2018 ONCA 263.

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