Does the term "primary residence" apply to a parent who provides primary residence for the child?

Ontario, Canada


The following excerpt is from BOURKE v. DAVIS, 2020 ONSC 7667 (CanLII):

Saunders, J.A. addressed the same point in Hejzlar at para. 33 as follows: "Primary residence" is a sub-set of custody, so to speak, falling short of the full legal responsibility inherent in that term. As a vital aspect of parental care for a child, however, it seems to me only right that the same considerations should apply to a decision on primary residence as apply to custody questions. I consider that in circumstances of a parent who is and has been the primary caregiver, and provides the primary residence for the child, the Gordon v. Goertz instruction to respect the views of the mobile parent, applies fully.

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