Temporary motion regarding relocation of two children (ages 5 and 2) from Belleville back to Toronto.
The mother relocated to Belleville with the children following a domestic incident that resulted in the father's arrest on assault charges.
The father sought return of the children to their habitual residence in Toronto, police enforcement, and costs.
The mother opposed the return and sought primary residence and sole decision-making.
The court found both parties bore the onus of proving whether relocation was in the children's best interests under s. 39.4(7) of the CLRA, and the mother failed to meet her burden.
The court ordered the children returned to Toronto, granted primary residence to the mother on a temporary basis, and dismissed the requests for sole decision-making, police enforcement, and costs.
