The applicant mother brought an urgent motion seeking an order that the parties' 12-year-old child continue to reside primarily with her in Etobicoke and attend his current school.
The respondent father brought a cross-motion seeking to relocate the child to Kitchener to live with him and attend a new school, relying on a prior agreement between the parties.
The court found that the mother had previously consented to the relocation and school change before unilaterally withdrawing her consent.
Applying the best interests of the child test under the Children's Law Reform Act, and considering the Voice of the Child Report which indicated the child's preference to move, the court granted the father's cross-motion and ordered the child to relocate to Kitchener.
