How does a judge decide about mobility rights?

The judge might be asked to either give an order allowing the parent with custody to make the proposed move with the children, or by the access parent for an order preventing the move with the children. In a case involving mobility rights, the judge is being asked to reconsider the whole question of custody and access. The judge therefore considers first of all the "best interests of the child" rule — what is best for this particular family.

For an example of the kinds of matters taken into account by the courts, see the Supreme Court of Canada decision in Goertz v. Goertz.

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