Judith Arrillaga

The applicant father sought an order to maintain the children's permanent residence in Schomberg, Ontario, following a unilateral move from Etobicoke.

The respondent mother brought a cross-motion for the children's return to Toronto, arguing the move was a relocation that significantly impacted her parenting time and decision-making authority.

The court found compelling circumstances for the father's move due to housing necessity and financial hardship.

Despite the father's non-compliance with relocation notice requirements and unilateral decision-making regarding school enrollment, the court permitted the temporary relocation, prioritizing the children's need for stable housing.

The mother's parenting time was adjusted to compensate for the loss of mid-week overnight visits.

The court emphasized that the father's conduct would be scrutinized at trial.

The applicant mother brought a motion seeking sole decision-making authority for the child, discretion for parenting time, return of the child's documents, cooperation for passport renewal, and financial disclosure from the respondent father.

The court found a material change in circumstances since the previous temporary order, noting the child's strong desire for no contact with the father due to his past behaviour.

The court granted the mother temporary sole decision-making, made parenting time at the child's discretion, ordered the return of documents, dispensed with the father's consent for passport renewal, and ordered the father to provide outstanding financial disclosure.

The case was directed to a case conference and combined settlement/trial management conference for final resolution.