The applicant mother brought a motion for an interim order to relocate with the two children from London, Ontario, to a town north of Oshawa, Ontario.
The relocation was sought due to financial instability, imminent eviction from the family home (owned by the paternal grandparents), and the respondent father's ongoing detention on criminal charges, which had resulted in suspended access and no financial support.
The respondent father opposed the motion, arguing it was premature and that relocation would disrupt the status quo.
The court granted the applicant's motion, finding compelling circumstances in the children's best interests, including the mother's financial and social isolation, the father's inability to provide access or support, and the imminent eviction.
The court emphasized that the father's criminal charges and detention materially affected the status quo and that the applicant's custodial position was likely to prevail at trial.
