The respondent brought a motion seeking a declaration that North Bay is the proper jurisdiction, return of the children to the District of Nipissing, interim custody, and alternative weekend access.
The applicant opposed the transfer and brought a cross-motion for a restraining order.
The court found that the children's ordinary residence is Mattawa in the District of Nipissing, where they had lived their entire lives prior to being taken by the applicant without warning.
The court determined there was no immediate danger to justify hearing the case elsewhere and transferred the matter to North Bay.
The court found the applicant's allegations of assault lacked credibility, noting the Crown had discharged the respondent at his preliminary inquiry.
The restraining order motion was adjourned to be heard in the proper jurisdiction.
