What is the test for a motion to prevent a father from moving to a different location for access to his children?
Ontario, Canada
The following excerpt is from S.C.P. v. J.P.B, 2016 ONSC 1308 (CanLII):
[187] Doucette v. Doucette is a 2012 Ontario Court of Justice case. The mother wanted to move to a location near Ottawa that was a three and a half to four hour round trip drive away to live with her new partner (which was the main reason) for the move. The case involved an interim motion to prevent the move by the father. The court did not allow the move. One reason was that such a move should not be allowed on a temporary basis unless there was a strong possibility that the mother would be successful at trial. Another reason was that the father’s frequent access would be impacted by the round trip of at least three and a half hours. There was also no evidence of better employment being available. It was also felt that there were too many unanswered questions as to what was best for the children.
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