What is the test for an interim mobility motion?

Ontario, Canada


The following excerpt is from Arabi v. Al Sahnawi, 2021 ONSC 6124 (CanLII):

Recently Akbarali J. reviewed the law on interim mobility motions in Yenovkian v. Gulian, 2018 ONSC 5331. Considering all the circumstances of that case, and in the best interests of the children, the mother was permitted to move with the children back to England on a temporary basis pending trial of the custody and access issues in Ontario. The court considered, inter alia, the following in permitting the move: (a) the evidence of the mother had been the children’s primary caregiver; (b) the father had exercised less access than he could have and that was available to him; (c) the mother had an appropriate interim plan for the care of the children, whereas there was an absence of any workable plan put forward by the father for the children; (d) the mother did not have permanent legal status in Canada, she had visitor’s status only which was about to expire; (e) allowing the move would be less disruptive to the children.

At para. 26 of Boudreault v. Charles, 2014 ONCJ 273, Justice Sherr set out additional principles to be applied regarding temporary relocation cases:

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