The applicant mother brought an urgent interim mobility motion seeking to relocate with the parties' two young children from Ottawa to St. John's, Newfoundland.
The mother, a refugee claimant, sought the move to pursue an employment opportunity that would qualify her for a provincial immigration nominee program.
The respondent father opposed the move but did not propose a plan for the children to remain with him.
The court applied the best interests of the child test and the principles for interim mobility, finding that the mother had been the primary caregiver and had a concrete plan, whereas the father had exercised minimal access and presented no alternative plan.
The court granted the temporary relocation and ordered the father to pay child support.
