What is the test for a temporary relocation of a family home?

Ontario, Canada


The following excerpt is from Smith v. Porretta, 2020 ONCJ 653 (CanLII):

The Leading case for determining if a relocation should be permitted on a temporary motion is Plumley v. Plumley [1999] O.J. No. (S.C.J.), where the court set out the following Principles: a) 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. b) There can be compelling circumstances that might dictate that a judge 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. c) 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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