Family Law Prof Blog

Editor: Margaret Ryznar
Indiana University
Robert H. McKinney School of Law

Tuesday, October 20, 2020

Canada's Consideration Of In Interim Mobility Motion: Child’s Best Interests On Temporary Basis

From Canadian Lawyer:

Parents, originally from Nigeria, moved to Canada as refugee claimants. They subsequently separated, with the parties’ two minor children residing with their mother. The mother sought orders for child support and custody, permission to relocate with the children to St. John’s, Newfoundland for an employment opportunity that would permit her and her children to achieve permanent resident status in Canada. Mother relocated to preserve the employment opportunity during pending application.

The Ontario Superior Court of Justice found that, on an interim mobility motion such as this, the court should consider the request within the framework of what would be in the best interests of the child, as provided under s. 24(2) of the Children’s Law Reform Act, R.S.O. 1990, c. C.12, on a temporary basis.

The court acknowledged the difficulty of child custody issues under this unusual circumstance: ongoing pandemic with immigration status when considering what is in the best interest of children based on the findings,  such as father never argued that children should stay with him and mother has been the primary caretaker since separation.

Eventually, the court that it was in the children’s best interests to allow the mother to relocate to St. John’s with the children, where they would primarily reside with her.

Read more here.

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