The Applicant sought an interim order to relocate with the three children of the marriage from Dutton/Wallacetown to Tilbury, Ontario, approximately 141 km away.
The Respondent opposed the move, arguing it should be determined at trial.
The court dismissed the Applicant's motion, finding that the proposed relocation was not in the children's best interests at this interim stage.
The Applicant's plan of care lacked crucial details regarding housing, employment, and the support network for the children, raising concerns about their security and well-being.
The court also found no compelling reason to permit the interim move, noting that the stated desire for an "upgraded lifestyle" and access to activities was not unique to Tilbury and did not outweigh the significant impact on the children's relationship and parenting time with the Respondent.
The court emphasized that the best interests of the children, not the parents' interests, were paramount, and that the issues presented were genuine issues for trial requiring more detailed evidence.
