The applicant father sought to retain primary care of the child following the respondent mother's relocation from Kugluktuk, Nunavut to Edmonton, Alberta without providing the required notice under the Divorce Act.
The father had retained the child beyond the agreed parenting time in response to the mother's move.
The court determined that despite the child's habitual residence being in Nunavut, Ontario had jurisdiction to hear the matter.
The court found that it was in the child's best interests to be returned to the mother's primary care in Edmonton, permitting the relocation, while granting the father extended parenting time during school breaks.
The court considered the child's Inuit heritage, connection to siblings, access to medical resources, and the mother's support system in Edmonton.
