What is the difference between a primary and custodial parent in mobility cases?
Ontario, Canada
The following excerpt is from Drury v. Drury, 2006 CanLII 6454 (ON SC):
I concur with the comments of Chamberlist J. in the case of Garvin v. Garvin, 2002 BCSC 1690 (B.C.S.C.) at para 44 in suggesting that the primary parent and custodial parent are the same in mobility cases: … I have simply equated the custodial parent’s views with that of the primary caregiver’s views because, in my view, although in this case there is joint custody, a primary caregiver’s relationship with the children is generally the same as that of custodial parent when viewed through the eyes of the child.
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