Is a trial judge's decision not to grant a mobility permit to a custodial parent?
Ontario, Canada
The following excerpt is from A.C.W. v. T.M.P, 2014 ONSC 6275 (CanLII):
Counsel for the mother submits that the trial judge made one or more palpable and overriding errors: a. He made a number of factual errors which were sufficiently material to render his decision unsound; and b. Although he correctly identified the criteria for assessing a mobility application by a custodial parent as set out in Gordon v. Goertz, 1996 CanLII 191 (SCC), [1996] 2 S.C.R. 27, he did not properly weigh the evidence that was before the court or correctly apply the law.
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