The applicant father brought a motion seeking an order that Ontario has jurisdiction over a parenting dispute regarding two children.
The respondent mother had commenced family court proceedings in Michigan.
The court found that Ontario and Michigan had concurrent jurisdiction because the children were habitually resident in both jurisdictions due to a shared parenting arrangement.
However, applying the balance of convenience test under s. 25 of the Children's Law Reform Act, the court declined to exercise its jurisdiction in favour of Michigan, noting the history of court filings there, a prior ruling by a Michigan judge, and the children's medical care being based in Michigan.
