The applicant father brought a motion seeking an order for the child's residence to be returned to Petawawa, Ontario, and for disclosure of Family and Children’s Services records.
The respondent mother opposed, having unilaterally relocated the child to Grafton, Ontario, citing safety concerns and alleged abuse by the father.
The court found the respondent failed to provide proper notice of relocation as required by the Divorce Act and that her allegations of abuse were not sufficiently corroborated to excuse this requirement.
Applying the best interests of the child framework under the Divorce Act and principles from Plumley v. Plumley, the court ordered the child's residence to be returned to Petawawa, emphasizing the importance of maintaining the child's accustomed routine and relationship with both parents.
Disclosure of FCSRC records was also ordered.