Erika Valerie Wai Yee Chan

The applicant mother sought a temporary ex post facto order to relocate with the child to St. Catharines, Ontario, and modify the father's parenting time.

The respondent father opposed the relocation and sought the child's immediate return to Toronto.

The court found the mother improperly relocated the child without court authorization and that she failed to establish compelling circumstances for the move.

The court ordered the child's return to Toronto or the Greater Toronto Area by January 31, 2023, and established a temporary parenting schedule, emphasizing the importance of the child's relationship with the father.

The applicant father sought an interim variation of a prior custody order, requesting primary residence of the two children (aged 8 and 10) from the respondent mother.

The father alleged neglect, poor school attendance, and failure to meet the children's basic needs by the mother, while demonstrating his own improved stability.

The court found a material change in circumstances and compelling reasons, primarily related to the children's stability and well-being, to warrant an interim change in primary residence to the father, despite the children's stated preference to remain with the mother.