The applicant sought an interim variation of a parenting order to relocate two of five children (ages 11 and 13) from the respondent's primary care in Kapuskasing, Ontario to his residence in Mount Elgin, approximately 10 hours away.
The respondent opposed the relocation and sought the return of the children.
The court found that the applicant had not met the burden of demonstrating that interim relocation was in the best interests of the children.
The court dismissed the applicant's motion and ordered the return of the children to the respondent's care, finding that the applicant's use of self-help tactics and failure to follow the prescribed statutory procedure for relocation raised serious concerns about his parenting judgment.
