What factors will be considered by the Court in deciding whether to grant a motion to remove the mother of her children?
Ontario, Canada
The following excerpt is from Lavoie v. Lavoie, 2002 CanLII 2795 (ON SC):
In order to determine the answer to the proposed move, as outlined above, I bear in mind the summary of the important factors to be considered, as set out by McLachlin J. (as she then was) in Gordon v. Goertz, 1996 CanLII 191 (SCC), 134 D.L.R. (4th) 321, where at pp. 15 and 16, a summary of the law and the legal principles was set out. It is to be noted that while each case will turn on its unique circumstances, "the only issue is the best interest of the child in the particular circumstances of the case".
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