The mother sought to relocate with the parties' four-year-old child from Cambridge to Ottawa to live with her new partner and their infant child.
The father opposed the relocation and sought shared parenting in Cambridge.
The court found that the father had perpetrated family violence against the mother and that the mother had been the child's primary caregiver for the vast majority of the time.
Applying the presumption under the Children's Law Reform Act, the court held that the father failed to meet his burden of proving the relocation was not in the child's best interests.
The court permitted the relocation, awarded the mother sole decision-making responsibility, and established a parenting schedule that included regular weekend and holiday time for the father.
The father was also ordered to pay ongoing and retroactive child support.
