The applicant father brought a contempt motion against the respondent mother, alleging she breached an access order when their older daughter refused to return to his home after an access visit.
The mother brought a cross-motion seeking to travel with the children to the United States for the winter break and to change the children's living arrangements.
The court dismissed the contempt motion, finding the mother did not deliberately or wilfully disobey the order and had exhausted all reasonable recourse to encourage the child to return.
The court granted the mother's cross-motion, permitting the holiday travel and ordering that the older child reside primarily with the mother and the younger child reside primarily with the father, in accordance with the children's expressed wishes and best interests.
