2 total
Mother granted interim care and control and permitted to temporarily relocate with infant after fleeing domestic violence.
The applicant father brought an urgent motion for interim sole custody of the parties' one-year-old son, alleging the respondent mother was abusing drugs and alcohol while breastfeeding.
The respondent mother brought a counter-motion for temporary care and control and permission to relocate to Sioux Lookout, alleging she fled the matrimonial home due to the applicant's escalating anger and domestic violence.
The court found the matter urgent under Rule 14(4.2) of the Family Law Rules.
Relying on corroborating medical and CAS evidence supporting the mother's version of events, the court granted the mother temporary care and control.
The court also permitted the mother to temporarily relocate to Sioux Lookout with the child to secure her safety and family support, while granting the father facilitated access.
Urgent motion granted; mother received temporary care and relocation permission.
On an urgent family motion, the court held that the matter could proceed before a case conference under rule 14(4.2) because the respondent alleged she had fled an abusive relationship and there was sufficient corroboration of ongoing safety concerns.
Applying the best interests analysis under s. 24 of the Children’s Law Reform Act, the court granted the respondent temporary care and control of the parties' one-year-old child.
The court also permitted the respondent to relocate temporarily to Sioux Lookout, emphasizing her role as primary caregiver, the child's ongoing breastfeeding, objective medical evidence, and the need for family and therapeutic supports.
Facilitated access was ordered for the applicant on specified dates pending the case conference.
