A custody dispute between separated parents concerning their young child following an interim order that placed the child primarily with the father pending trial.
The mother sought restoration of the previous arrangement under which the child primarily resided with her, relying in part on a social worker’s recommendation.
The court rejected the recommendation after finding it based on an inaccurate understanding of the parties’ historical caregiving roles and for failing to address the impact of reversing the existing arrangement.
Applying the best interests test under s. 24 of the Children’s Law Reform Act, the court emphasized the child’s stability, successful adjustment in the father’s community, and concerns about the mother’s earlier relocation conduct.
The court concluded that maintaining the existing residence with the father while preserving generous access to the mother best served the child’s interests.