The father brought an urgent motion seeking to prevent the mother from relocating with the parties’ young child outside Simcoe County and moving to Manitoba.
The parties had joint custody with the child’s primary residence with the mother, and the father exercised limited weekly access.
The court considered interim mobility principles and the child’s best interests, including the mother’s need to relocate due to the sale of her residence and her lack of local support.
While the court permitted the mother to relocate within Ontario to obtain family support and financial stability, it declined to allow an interim move to Manitoba because it would fundamentally alter the existing access regime and create a new status quo before trial.
The father’s request to restrict relocation within Ontario was dismissed, but the mother was prohibited from leaving Ontario pending further court order.