The court considered a motion by the applicant father, Kemi Andrew Emberson, for an interim order that the parties’ two children move to Ottawa to reside with him and attend school there.
The respondent mother, Trystian Elizabeth Hilton, opposed the motion.
The court reviewed the litigation history, the parties’ circumstances, and the children’s chronic school absences.
The court refused the mother’s request for leave to file late responding materials and ultimately dismissed the father’s motion, finding insufficient evidence of a material change in circumstances to justify changing the children’s primary residence on an interim basis.
The court ordered an expedited trial and increased the father’s parenting time pending trial.