The applicant mother sought an order to relocate the parties' two children to Winnipeg, where she had secured employment and established a new relationship.
The respondent father opposed the move, arguing the children should remain in their current community in Northwestern Ontario where they had lived for several years and where he had been their primary caregiver for the past two years.
The court applied the best interests of the child test and the mobility factors from Gordon v. Goertz and Berry v. Berry.
The court found that the mother offered greater permanence, certainty, and stability, given her secure employment and stable relationship, compared to the father's uncertain economic future.
The court ordered that the children reside primarily with the mother in Winnipeg, with generous access to the father.
