The father brought a motion to change a 2016 final order for joint decision-making and shared parenting, seeking to sanction his unilateral relocation of the child from Toronto to Barrie and obtain primary residence.
The mother brought a cross-motion for contempt and sought sole decision-making and the child's return to Toronto.
The father had relocated the child after the mother was criminally charged with assaulting the child (charges which were later withdrawn) and the child was placed in his care.
The court applied the newly amended Children's Law Reform Act relocation and best interests provisions.
The court found the father's reasons for the move insufficient and noted his efforts to marginalize the mother.
The court ordered the child returned to Toronto to primarily reside with the mother, granted the mother sole decision-making responsibility, and established a parenting schedule for the father.
The contempt motion was dismissed.
