The Mother brought a motion to transfer the Father's divorce proceeding from Ontario to British Columbia, arguing that B.C. was the children's most substantial connection.
Despite Ontario having prima facie jurisdiction, the court exercised its discretion under s. 6(1) of the Divorce Act to transfer the entire proceeding to B.C. The court found it was in the children's best interests to remain in B.C., considering their current residence, schooling, extended family support, and the Father's acquiescence to their relocation.
The Father's legal steps to return the children to Ontario and obtain custody were deemed largely tactical.
