The applicant father and respondent mother contested custody of their three-year-old child.
The mother had previously taken the child to Germany without the father's consent, leading to a Hague Convention order returning the child to Canada.
The mother sought custody and permission to relocate to Germany, while the father sought sole custody in Canada.
The court found that the mother's lingering anger and history of interfering with the father's access posed a significant risk to the child's relationship with the father.
Applying the best interests test, the court awarded sole custody to the father and established an access schedule for the mother, contingent on whether she remained in Canada or returned to Germany.
