The applicant father brought a motion seeking an order for the immediate return of the child's primary residence to Oxford County, alleging the respondent mother unilaterally relocated with the child to Scarborough without notice.
The mother argued she was fleeing family violence perpetrated by the father's mother and that her return to Scarborough was necessary due to her support network.
The court found the father did not consent to the move and acted promptly.
Despite the mother's failure to comply with notice provisions and her self-help actions, the court dismissed the father's motion, allowing the child to remain in Scarborough temporarily.
The decision was based on the child's best interests, particularly the mother's significant reliance on support services in Scarborough that would be jeopardized by a return to Oxford County.
