The respondent mother brought a motion seeking an order to temporarily relocate with the parties' two children to Montreal, Quebec, pending a final determination.
The applicant father opposed the motion.
The court found that the motion was premature, as the proceeding was in its earliest stages, no pleadings had been filed, and the evidentiary record was incomplete and highly conflicted.
The court held that the mother failed to meet the burden of proving that the temporary relocation was in the children's best interests and declined to abridge the 60-day notice requirement under the Divorce Act.
The motion for relocation was dismissed.
