The appellant mother appealed a trial decision denying her request to relocate with her child from Waterloo to Michigan to live with her fiancé.
The Divisional Court allowed the appeal and admitted fresh evidence of emails demonstrating the respondent father's emotionally abusive and controlling behaviour.
The court found the trial judge erred in principle by failing to apply established mobility jurisprudence, over-emphasizing the maximum contact principle, failing to respect the custodial parent's views, treating the status quo as a default, and placing the mother in a classic double bind.
The appeal was allowed, and the mother was granted permission to relocate with the child.
