The respondent father brought an urgent temporary motion seeking primary residence of the two children, alleging the applicant mother had mental health and addiction issues requiring treatment.
The court found insufficient evidence to establish the mother posed a danger to herself or the children, noting that professional assessments did not support such claims.
The court denied the father's request for immediate primary custody, maintaining the children's primary residence with the mother to ensure stability, given their recent move and enrollment in new schools.
An urgent s.30 assessment was ordered to evaluate the mother's parenting ability and the children's best interests and wishes.