If one parent proposes to move with the children, this may have a serious and profound impact on the other parent’s access time with the children. These are among the most difficult of cases. In a mobility case, the law examines many factors including the reason for the move, the circumstances of each of the parents, the age and stage of development of the children, the impact the move will have on the non-moving parent’s access with the children, and the best interests of the children.
In the event a parent wishes to move with the children, he or she will be required to seek the consent of the non-moving parent. If the non-moving parent does not consent to the move, the moving parent may seek permission to move from the Ontario Courts. The Ontario Courts will weigh a mired of factors in making a determination of whether the proposed move is in the best interest of the children.
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