This motion to change concerned the applicant mother's request to relocate the children of the marriage from Ontario to Hohenfels, Germany, due to her new partner's military posting.
The respondent father opposed the relocation, arguing it would negatively impact his parenting time, communication with the children, their relationships with paternal relatives, and that the eldest child did not wish to move and felt unsafe.
Applying sections 16(2), 16(3), 16.92(1), and 16.93(2) of the Divorce Act, the court found that the respondent had not met his burden of proving the relocation was not in the children's best interests.
The court determined the mother's relocation plan was reasonable, her historical caregiving role was strong, and the father's concerns regarding parenting time, communication, and safety were not substantiated or could be mitigated.
The court also weighed the children's views, noting the eldest child's views might be influenced by parental conflict.
The relocation was granted.
