Is there a presumption in favour of the parent with primary residence?

Ontario, Canada


The following excerpt is from Singer v. Singer, 2002 CanLII 53255 (ON SC):

There is no legal presumption in favour of the custodial parent, or in this case the parent with primary residence. At the same time, those views are entitled to great respect. At paragraph 48 of Gordon v. Goertz, McLaughlin J. stated the following: While a legal presumption in favour of the custodial parent must be rejected, the views of the custodial parent who lives with the child and is charged with making decisions in its interest on a day to day basis, are entitled to great respect and the most serious consideration. The decision of the custodial parent to live and work where he or she chooses is likewise entitled to respect, baring an improper motive reflecting adversely on the custodial parent's parenting ability.

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