The respondent brought an urgent motion to set aside an order for an undefended trial and to prevent the applicant from moving to Cambridge with the children.
The applicant brought a cross-motion seeking permission to move.
The court found that the applicant had not provided proper notice of the relocation under the new provisions of the Divorce Act, and there was insufficient evidence to determine if the move was in the children's best interests.
The court dismissed the request to move for now, deferring the issue to the upcoming trial.
The court also refused to set aside the undefended trial order but allowed the respondent to participate if he files a complete Form 15B Answer.
