On a mobility application, the court is required to make an “educated prediction” (McArthur v. Brown at para. 161), about the best interests of the children, based not only on evidence of their old life, but also evidence of what parents believe will transpire in their new life: S.S.L. at para. 29. As the court observed in S.L.C. v. K.J.C., at para. 97, because the parent cannot know precisely how things will turn out for the children in the new location, it would “be unreasonable to require the moving parent to prove on the balance of probabilities that after the proposed move a certain thing will happen for the children’s benefit”.
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