On an application to vary custody, there is no legal presumption in favour of the custodial parent: Gordon v. Goertz. Furthermore, although the plaintiff has had the sole legal custody of the children since the summer of 2008, the defendant has been the primary caregiver for the children for most of their lives. The plaintiff has shared parenting of the children for much of the last 16 months on a week-on, week-off basis. In these circumstances, the views of both parents concerning custodial arrangements are entitled to respect. However, ultimately, the court must determine what is in the best interests of these children.
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