The applicant father sought sole custody of the parties’ child under the Children’s Law Reform Act, seeking to vary a prior Quebec order granting the mother custody.
Evidence showed the child had lived with the father in Ontario since 2011 after significant instability in the mother’s household, including substance use, frequent moves, exposure to domestic violence, and concerns raised by Quebec child protection authorities.
The child’s academic performance, stability, and wellbeing improved substantially after moving to the father’s care, supported by school evidence and an Office of the Children’s Lawyer report recommending custody to the father.
Although the mother demonstrated recent improvement and maintained a positive relationship with the child, the court found that the child’s best interests favoured maintaining the stable environment established with the father.
Sole custody was granted to the father with extensive access to the mother and various counselling and behavioural conditions imposed on both parents.