The appellant father appealed an order dispensing with his consent to allow the respondent mother to travel to Israel with their two young children.
The mother had been diagnosed with a terminal illness and wished to visit her family.
The Court of Appeal found that the mother's terminal illness constituted a material change in circumstances under s. 17(5) of the Divorce Act.
The court upheld the decision that the trip was in the children's best interests but varied the order to include strict conditions regarding travel safety, medical insurance, and a 21-day limit due to the unstable situation in Israel.
