Ellen Burke

A costs decision following a jurisdictional hearing regarding custody and access of a child.

The applicant mother sought to maintain jurisdiction in Ontario after relocating with the child from Nova Scotia without the respondent father's consent.

The respondent father sought to have the matter heard in Nova Scotia.

The court determined that Nova Scotia was the correct jurisdiction.

The respondent was successful and sought costs of $9,250.00.

The court awarded costs of $3,000.00 inclusive of tax and expenses, considering the importance and complexity of the issues, the mother's financial circumstances, the lack of reasonable settlement offers, and the mother's unreasonable conduct in unilaterally relocating the child.

The applicant mother removed the child from Nova Scotia to Ontario without notice to the father, claiming it was a vacation.

When she did not return on the scheduled date, she commenced an application for custody in Ontario.

The court considered whether Ontario had jurisdiction to hear the matter.

The father obtained a custody order in Nova Scotia.

The court found that the child's habitual residence was Nova Scotia, not Ontario, and that the mother had removed the child without the father's consent or acquiescence.

The court vacated the ex parte order granted on November 3, 2015, and declined jurisdiction, finding that Nova Scotia was the appropriate forum.