The respondent father brought a motion to vary an interim parenting order that permitted the applicant mother to relocate with their three children from Oxford County to Windsor.
The father relied on the views and preferences of the two eldest children, obtained through the Office of the Children's Lawyer, who expressed a desire to return to Oxford County.
The court dismissed the motion, finding that the untested views and preferences of two of the three children did not constitute exceptional or compelling circumstances to vary the status quo on an interim basis.
The court ordered a section 112 clinical investigation to provide a comprehensive assessment for trial.