The applicant father brought an interim motion seeking an order requiring the respondent mother to return with their two children to St. Thomas, Ontario, after she surreptitiously moved them to Woodstock.
The court analyzed whether the move constituted a 'relocation' or a 'change in residence' under the Children's Law Reform Act.
The court found the move was a change in residence, not a relocation, as the increased driving time did not significantly impact the father's relationship with the children.
However, applying the best interests of the child test, the court found the mother's unilateral self-help move disrupted the status quo and was not in the children's best interests.
The mother was ordered to return the children to St. Thomas or within a 25-minute drive of the father's residence.
