The respondent brought a motion to transfer a family law application from Brampton to Pembroke.
The applicant sought custody of their child, born in Petawawa, and had relocated to Mississauga without the respondent's consent after initially representing she would return.
The court applied the test from Re: D.J.C. and W.C. to determine the child's ordinary residence, considering where the child had predominantly resided, the forum of convenience, and the circumstances of how the case came before the court.
The court found the child ordinarily resided in Petawawa and transferred the case to Pembroke, noting the applicant's deceitfulness in removing the child and then claiming Peel Region as the ordinary residence.
