In what circumstances will the court allow a mother to change the child's residence 380 km (200 miles) away from the child’s current residence?
Ontario, Canada
The following excerpt is from Weeres v Weeres, 2016 ONSC 861 (CanLII):
In Baxter v. Cameron, [2010] ONSC 4501, the court allowed the mother to change the child’s residence 380 kilometers from the prior residence. The mother had always been the primary parent to the children although the father had exercised consistent and significant access. The new residence had the benefit of the mother’s support network nearby and greater financial stability. The mother had demonstrated a willingness to facilitate the children’s relationship with their father whereas the father was less willing to support the children’s relationship with their mother.
In Ryall v. Ryall, [2009] ONCJ 687 the court observed: Courts have recognized in permitting the parent to move away with children that modern day technology has made it significantly easier to overcome the distance problem with respect to access and maximizing contact with the other parent.
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