The Applicant, William Daigle, brought a motion to change a previous order regarding parenting time and school placement for the child.
The Respondent, Cheynna Gardner, sought primary parenting time and for the child to attend school in Eagle Lake First Nation.
The court, applying the "best interests of the child" test under the Children's Law Reform Act, considered factors such as stability, relationships with family, cultural upbringing, and proposed educational plans.
The court found that the child had stronger established ties in Sudbury, where the Applicant resides, including connections to paternal family and a familiar daycare/school environment.
Despite the Respondent's arguments for cultural immersion on reserve, the court determined that the Applicant's plan for Sudbury was in the child's best interests, providing stability and existing connections.
The Applicant was granted primary care, and the child was ordered to attend Princess Anne Public School in Sudbury, with a detailed parenting time schedule for the Respondent.
No costs were awarded.
