The applicant father brought a motion to change a final order to transfer the primary residence of the parties' 10-year-old child to him.
The motion was prompted by the child expressing a strong desire to live with the applicant due to ongoing conflict and turmoil in the respondent mother's home, which included involvement by the Children's Aid Society and police related to the respondent's abusive partner.
The court found a material change in circumstances and applied the best interests of the child factors under section 24 of the Children's Law Reform Act.
Relying on the child's views and preferences, the instability in the respondent's home, and the applicant's stable plan, the court granted the motion and ordered that the child's primary residence be changed to the applicant.
