What is the effect of a court finding that a mobility issue can be considered on an interim basis?

Ontario, Canada


The following excerpt is from Hawes v. Hawes, 2018 ONSC 4718 (CanLII):

Marshman J. stated in Plumley v. Plumley[3] at paragraph 7 that the important factors in deciding a mobility issue on an interim basis are: 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 circumstance 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 interest 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 trial.

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