The applicant mother sought sole custody of two children and permission to relocate with them from Ontario to Okotoks, Alberta.
The respondent father opposed the relocation and sought joint or shared custody with the children remaining in Ontario.
The Office of the Children's Lawyer investigated and recommended the children remain in Ontario.
The court applied the best interests of the child test and found that the applicant failed to discharge her burden of proving the proposed move was in the children's best interests.
The court granted the applicant sole custody conditional on her remaining in Ontario within 100 km of Oakville, with the custody reverting to the respondent if she relocated beyond that radius without consent or court order.
