The father brought an interim mobility motion seeking custody and permission to relocate with the two children from Windsor, Ontario to Virginia, USA, due to an employment transfer.
The mother opposed the motion, arguing the children should remain in Windsor due to the COVID-19 pandemic and her recent progress in addressing mental health and parenting issues.
The court applied the tests from Gordon v. Goertz and Plumley v. Plumley, finding that the proposed relocation during a pandemic raised significant unanswered safety and logistical concerns.
The court concluded that the father failed to demonstrate a strong probability of success at trial or compelling circumstances to justify disrupting the children's status quo on an interim basis.
The motion was dismissed, and the existing shared parenting arrangement was maintained.
