The applicant mother moved with the two children from London to Brampton without providing the 60 days' written notice required by the final order.
The respondent father brought an emergency motion for the return of the children, and the mother brought a cross-motion to remain in Brampton.
The court applied the Plumley factors for interim mobility, finding a genuine issue for trial and no compelling circumstances to justify an interim move.
The court ordered the children returned to London pending trial, noting the mother could not benefit from creating a new status quo without proper notice.