The applicant mother brought a motion seeking an interim order permitting her to relocate with the parties' three-year-old child from London to Stoney Creek for employment stability.
The respondent father opposed the relocation, arguing the issue had already been decided in an earlier order.
The court found a material change in circumstances due to the mother's new job and commute, the father's non-payment of support, and the risk of foreclosure on the matrimonial home.
Applying the Divorce Act relocation framework, the court found the relocation to be in the child's best interests as it would eliminate the mother's daily commute, allow the child more time with her primary caregiver, and improve the mother's well-being and financial stability, while preserving the father's weekend parenting schedule.
The motion was granted.
