Emily M. Carroll

The applicant sought joint and shared custody of the parties' two children.

The respondent sought sole custody and permission to relocate with the children to Washington State to live with her new husband.

The court granted joint custody but gave final decision-making authority to the respondent.

The court permitted the respondent to relocate with the children to Washington State, finding she was the primary caregiver and the move was in the children's best interests.

The applicant was granted generous access and relieved of child support obligations to offset travel costs.

The appellant mother removed her two children from Egypt to Ontario and sought custody under the Children's Law Reform Act (CLRA).

The trial judge declined jurisdiction, finding the mother had attorned to the Egyptian courts and should not be rewarded for abducting the children.

On appeal, the Court of Appeal admitted fresh evidence of the children's psychological distress and allowed the appeal.

The Court held the trial judge erred in his approach to jurisdiction under ss. 22 and 23 of the CLRA, noting that the best interests of the children must prevail over discouraging abduction when there is a risk of serious harm.

The Ontario court assumed jurisdiction and granted interim custody to the mother.