Jeremiah Kalyniak

The respondent father brought an emergency motion in Ontario to recognize and enforce parenting orders made by the Supreme Court of British Columbia.

The applicant mother had relocated to Ontario with the children but repeatedly refused to comply with the BC orders regarding the father's summer parenting time.

The court found that the BC court had jurisdiction and that none of the exceptions under s. 41 of the Children's Law Reform Act applied.

The court recognized the BC orders, authorized police enforcement to apprehend the children, and awarded costs to the father on a full indemnity basis due to the mother's persistent disobedience.

The applicant father sought an interim order prohibiting the respondent mother from relocating the parties' four-year-old child to Deep River, Ontario, and requesting primary care.

The mother had been the primary caregiver since birth and moved to reside with her new partner.

Applying the Gordon v. Goertz and Plumley factors, the court found that the mother was likely to succeed at trial regarding primary care and that the move was made in good faith.

The court dismissed the father's motion, permitting the interim relocation pending trial.