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The court ordered the child's return to his previous jurisdiction, finding insufficient evidence of family violence to justify unilateral relocation.
The applicant father brought an urgent motion for the return of the parties’ child to the Newmarket jurisdiction and for related parenting relief after the respondent mother unilaterally relocated with the child to Kitchener/Waterloo and enrolled him in a new school without the father's consent.
The court granted the father's motion, ordering the child's primary residence to remain in Newmarket, continued attendance at his former school, and established an equal parenting time schedule.
The court found the mother's allegations of family violence insufficient to justify the relocation at this preliminary stage and emphasized the child's best interests and stability.
Costs were awarded to the father.
