In this case, the applicant, without doubt, is the primary parent and bears a disproportionate amount of responsibility for seeing to J’s needs. J’s well-being is closely intertwined with the applicant’s. As stated by Campbell J. in Johnstone v. Brighton, [2004] O.J. No. 3477 (S.C.J.) at para.29, it is in J’s best interests to confirm the applicant’s attempt to “get on with their life.” The applicant and J can best achieve that end in Hoboken, New Jersey with the applicant’s new husband. There are clearly concomitant positive effects on the child's best interest in being cared for by a well functioning and happy custodial parent in the context of a loving relationship with her new husband who is well positioned to provide for them in the years to come.
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