What is the test for an interim motion on mobility?

Ontario, Canada


The following excerpt is from Geoffrion v. Bélanger, 2017 ONSC 5349 (CanLII):

The legal principles applicable to interim motions on mobility are well settled. In Plumley v. Plumley, 1999 CanLII 13990, the court stated at par. 7: It appears to me that the following factors are or ought to be important in deciding the mobility issue on an interim basis: 1. A court will be more reluctant to upset the status quo on an interim basis and permit the move when there is a genuine issue for trial. 2. There can be compelling circumstances which might dictate that a justice ought to allow the move. For example, the move may result in a financial benefit to the family unit, which will be lost if the matter awaits a trial or the best interests of the children might dictate that they commence school at a new location. 3. Although there may be a genuine issue for trial, the move may be permitted on an interim basis if there is a strong probability that the custodial parent's position will prevail at a trial.

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