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The question is heart-breaking: who will the children live with?
To begin with, it is worth noting that the courts will not prohibit a parent from moving: their role is not to question the parent’s choice, but rather to decide where the children should live.
Ultimately and as with all cases involving children’s well-being, the children’s interests must be considered, not those of the parents. Even though the reason for moving may be a determining factor and a parent cannot move simply to separate the children from the other parent, it would generally not be appropriate for the court to try to reward or punish the parent’s decision to move.
The court would have to evaluate all relevant factors before reaching an equitable decision.
It should be noted that the parent who already assumes the bulk of the parental time will often be presumed to be the one who is able to continue doing so, i.e. in cases in which parental time was not shared equally. It is also good to be aware that the courts will often grant the parent who does not assume the bulk of the parental time extended access during school holidays or breaks.
Here is the Supreme Court’s decision in principle dealing with the application of criteria when one parent intends to move:
https://www.canlii.org/en/ca/scc/doc/1996/1996canlii191/1996canlii191.html
