What is the test for determining whether a relocation on an interim basis should be permitted?
Ontario, Canada
The following excerpt is from Peters v. Chelchowski, 2018 ONSC 1012 (CanLII):
The leading case for determining if a relocation should be permitted on an interim basis is Plumley v. Plumley, 1999 CanLII 13990 (ONSC) at para. 7: 1. A court will be more reluctant to upset the status quo on an interim basis and permit the move when there is a genuine issue for trial. 2. There can be compelling circumstances which might dictate that a justice ought to allow the move. For example, the move may result in a financial benefit to the family unit, which will be lost if the matter awaits a trial or the best interests of the children might dictate that they commence school at a new location. 3. Although there may be a genuine issue for trial, the move may be permitted on an interim basis if there is a strong probability that the custodial parent's position will prevail at a trial.
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