Does a judge make two errors in determining whether a parent’s reason for moving is relevant?
Ontario, Canada
The following excerpt is from Trisolino v. De Marzi, 2013 ONCA 135 (CanLII):
As to the first alleged error, the father notes that Gordon v. Goetz directs that the judge should consider the parent’s reason for moving only in the exceptional case where it is relevant to that parent’s ability to meet the needs of the child. At para. 61, the trial judge wrote: The reasons for the move are only relevant insofar as they have a direct bearing on the best interests of the children. In the circumstances of this case, I believe the reasons for the move do have a direct bearing on the children’s best interests, both emotionally and financially.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for determining whether a parent has the prima facie right to move a child from one parent to the other parent's custody? (Ontario, Canada)
What is the test for determining whether a child who unilaterally ends a relationship with one parent unilaterally terminates their relationship with the other parent without any apparent reason? (Ontario, Canada)
What is the test for a court to determine whether a parent's reason or motive for moving to a new location is justified? (Ontario, Canada)
What is the test for determining whether a parent's best interests is to restrict access to a parent who lives in another parent's home? (Ontario, Canada)
Is it an error in law for a judge hearing a motion for contempt of court to turn her mind to whether there is a reasonable alternative? (Ontario, Canada)
What is the test for determining whether or not a parent of a child is entitled to contact with the child's non-custodial parent? (Ontario, Canada)
What is the test for "reasonableness" in determining whether there is a reasonable argument that the evidence supports the allegation of sexual assault? (Ontario, Canada)
What are the reasons used by a deputy judge to determine whether a party has been found in default in a personal injury case? (Ontario, Canada)
What factors must the court consider when determining whether a parent should be permitted to move with the child? (Ontario, Canada)
What is the test for determining whether or not the custody of a child is between parents? (Ontario, Canada)
