Heather Hansen

The appellant mother sought to vary a final custody order to allow her to relocate with the parties' two children from Peterborough to Cobden.

The application judge dismissed the motion, finding no material change in circumstances since the original order, as the mother's new relationship and job opportunity were foreseeable at that time.

The application judge also found the move would not be in the children's best interests due to the disruption of their stability and their close relationship with the respondent father.

The Court of Appeal upheld the decision and dismissed the appeal.

The father appealed a trial judge's decision granting sole custody of the child to the mother, and the mother cross-appealed the dismissal of her motion to vary spousal support.

The Court of Appeal allowed the father's appeal, finding that the trial judge erred by varying the existing joint custody order without first establishing a material change in circumstances as required by section 17 of the Divorce Act.

The court noted that the parties' high-conflict relationship was foreseeable and did not constitute a material change.

The mother's cross-appeal regarding support and section 7 expenses was dismissed.