The moving party father brought an urgent motion seeking the return of the parties' 20-month-old child from Calgary to London, Ontario, and interim custody.
The responding party mother had moved to Calgary with the child following an incident that led to criminal charges against the father and bail conditions prohibiting contact.
The court found that a status quo had been established with the mother in Calgary over the past six months.
Applying the best interests of the child test and considering the reluctance to upset the status quo on an interim basis, the court dismissed the father's motion and ordered that the child remain in the interim care and custody of the mother in Calgary.
