May 8, 2025 – Relocation & Burden of Proof Where No Prior Order

“The CLRA framework specifically defines the circumstances in which one of the parents bears the burden of proof on relocation issues:  s. 39.4 (5), (6), (7), (8). K.L. spends the “vast majority” of time in the care of the respondent such that her father would arguably bear the burden of proof in demonstrating that relocation is not in his daughter’s best interest: 39.4(6). However, the current parenting schedule and residency terms are pursuant to an interim order. The child’s primary residency and the parenting arrangement are a central issue in this matter, for which there is no prior final order. Pursuant to s. 39.4(8), I accordingly find that s. 39.4(6) does not apply to require the applicant to bear the burden of proving that relocation is not in the best interests of his daughter. Pursuant to s. 39.4(7), I find that both parties have the burden of proving whether the relocation is in the best interests of K.L.”

            LaBonte v. Godin, 2023 ONSC 2767 (CanLII) at 48

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