The applicant mother sought an order granting the Ontario Court of Justice jurisdiction to decide matters of custody, access, and child support regarding their four-year-old son, and requested a stay of the access provisions of a German court order.
The respondent father sought a declaration that the Ontario court lacked jurisdiction and that the German court was the appropriate forum.
The court determined that Ontario had jurisdiction because the child was habitually resident in Ontario pursuant to a consent order from the German court.
The court recognized the German order as valid and enforceable in Ontario but granted the mother leave to amend her application to seek supersession of the order based on material change in circumstances.
