The applicant father brought an urgent motion seeking the return of his two children from Nova Scotia to Ontario and joint custody.
The respondent mother had unilaterally moved with the children to Nova Scotia following a physical separation.
The court determined that the children's habitual residence was in Nova Scotia, where they were born, had extended family, and had previously received support services.
The court declined to exercise jurisdiction, finding that the Nova Scotia court, which had already granted an interim ex parte order, was the appropriate forum.