This appeal concerns a child relocation motion where the mother sought to move her five-year-old son from Cochrane, Ontario to Thunder Bay.
The parties had joint and shared custody following their separation in November 2015.
The motion judge dismissed the mother's relocation motion, finding that the child would lose meaningful contact with his father and that the mother's financial difficulties were self-imposed.
The Court of Appeal allowed the appeal, finding that the motion judge erred in principle by failing to recognize the mother as the primary caregiver and by making a palpable and overriding error in concluding that the mother's financial difficulties were self-imposed.
The court found a valid and compelling parenting-based reason for the move, as it was necessary to enable the primary caregiver to remain financially viable while providing care for the child.
