What is the test for a motion to relocate a child to a new place of residence?
Ontario, Canada
The following excerpt is from Borrens v. Siddiqui, 2021 ONSC 7829 (CanLII):
Notwithstanding that there are genuine issues for trial, I must consider whether the relocation ought to be permitted notwithstanding such issues, if there is a strong probability that the mother’s position will prevail at trial. Based on the enumerated factors which I have considered as set out in Gordon v. Goertz, I conclude that there is a strong probability that the mother’s position will prevail at trial. Disposition:
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