Law

The father brought a motion for the return of his two children from British Columbia to Ontario after the mother relocated them without his consent or a court order, in breach of a prior final order.

The mother sought retroactive authorization for the temporary relocation.

The court found that the mother failed to meet her burden of proving the move was in the children's best interests, noting her repeated breaches of court orders, failure to provide statutory notice, and evidence suggesting she was actively interfering with the children's relationship with their father.

The court ordered the children to be returned to Ontario by the end of the school year and directed the parties to immediately commence reunification therapy.

The applicant sought an extension of time under s. 2(8) of the Family Law Act to bring a claim for equalization of net family properties, conceding that the limitation period had expired.

The parties had signed a separation agreement in 2019 and were divorced in 2022.

The applicant argued that his delay was in good faith due to his mental health conditions and limited English proficiency.

The court dismissed the motion, finding that the applicant's delay was not incurred in good faith, as he had multiple opportunities to inquire about his rights but chose inaction, amounting to willful blindness.

The respondent's cross-motion for security for costs was also dismissed as unnecessary.