2 total
Mother's motion to relocate children to London, Ontario dismissed; primary residence to remain in Sault Ste. Marie.
The applicant mother brought a motion seeking to relocate the parties' two children from Sault Ste.
Marie to London, Ontario, where she had moved with her new spouse.
The parties had previously shared parenting equally.
Applying the best interests of the child test from Gordon v. Goertz, the court found that the children were most closely connected to Sault Ste.
Marie, where they had lived most of their lives, attended school, and had established social and family connections.
The court dismissed the motion, ordering that the children's primary residence remain with the respondent father in Sault Ste.
Marie, with joint custody continuing.
No costs were awarded.
The court ordered the return of three apprehended children to their father, finding the society's warrantless apprehension unjustified.
This case involves two motions concerning temporary care and custody of four children apprehended by the Children's Aid Society of Algoma.
The Society sought temporary care and custody in its favour; the father sought placement of the children with himself or alternatively unsupervised liberal paternal access.
The court found that the Society failed to meet the statutory two-part test under section 51(3) of the Child and Family Services Act with respect to three of the four children.
The court was particularly critical of the warrantless apprehension of two older children, finding insufficient reasonable and probable grounds for their apprehension.
The court ordered the return of three children to their father's care and deferred determination regarding the youngest child pending further evidence on kinship placement options.
