Jerrod Patterson

The applicant father brought a motion seeking an order that Ontario has jurisdiction over a parenting dispute regarding two children.

The respondent mother had commenced family court proceedings in Michigan.

The court found that Ontario and Michigan had concurrent jurisdiction because the children were habitually resident in both jurisdictions due to a shared parenting arrangement.

However, applying the balance of convenience test under s. 25 of the Children's Law Reform Act, the court declined to exercise its jurisdiction in favour of Michigan, noting the history of court filings there, a prior ruling by a Michigan judge, and the children's medical care being based in Michigan.

The respondent father, a nurse practitioner, brought an emergency motion to enforce a shared parenting order after the applicant mother unilaterally suspended his in-person access due to COVID-19 concerns.

The mother argued the father's employment and recent travel recklessly exposed the children to the virus.

The court granted the father's motion and dismissed the mother's cross-motion, finding no evidence that the father failed to adhere to appropriate safety protocols.

The court emphasized that COVID-19 and a parent's status as an essential healthcare worker must not be weaponized in parenting conflicts.