Trisolino v. De Marzi

Trisolino v. De Marzi

The Court held the trial judge properly applied Gordon v. Goetz: the mother’s reasons for moving were relevant to the children’s best interests, the anticipated disruptions were mitigable by the mother’s plan and offset by benefits, and on balance relocation to Italy with the mother was in the children’s best interests; there was no reversible error and the appeal was dismissed.

Citation
2013 ONCA 135
Parties
Applicant (respondent): Antonella Trisolino; Respondent (appellant): Alexander Christian David De Marzi
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
6 March 2013
Procedural Posture
Family / Appeal From Superior Court of Justice Order (relocation)
Outcome
Appeal dismissed
Legal Topics
Relocation, Best Interests of the Child, Contact Between Parents, Educational Disruption
Source Language
English
Family Law Parental Mobility Child Custody Relocation Best Interests of the Child Contact Between Parents Educational Disruption

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Parties

Antonella Trisolino

Applicant (respondent)

Alexander Christian David De Marzi

Respondent (appellant)

Procedural Posture

Family / Appeal From Superior Court of Justice Order (relocation)

Legal Issues

  1. 1 Whether the trial judge erred in applying Gordon v. Goetz
  2. 2 Whether the judge improperly focused on the mother’s reasons for moving and conflated her interests with the children’s best interests
  3. 3 Whether the judge failed to give sufficient weight to disruption to the children including educational impacts

Ratio Decidendi

The Court held the trial judge properly applied Gordon v. Goetz: the mother’s reasons for moving were relevant to the children’s best interests, the anticipated disruptions were mitigable by the mother’s plan and offset by benefits, and on balance relocation to Italy with the mother was in the children’s best interests; there was no reversible error and the appeal was dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; no award as to costs.