L. Kirwin

The applicant mother brought an urgent motion for exclusive possession of the matrimonial home, primary residence of the three children, final decision-making authority, and supervised parenting time for the respondent father.

The father brought a cross-motion for equal parenting time, joint decision-making, and an order permitting both parties to reside in the home until sold.

The court dismissed the mother's request for exclusive possession due to lack of urgency, allowing both parties to reside in the home temporarily.

The court granted the mother temporary primary residence and final decision-making authority as she was the primary caregiver.

The court denied the mother's request for supervised contact and the father's request for equal parenting time, ordering unsupervised contact for the father of at least six hours per week plus daily remote contact.

The applicant father brought a motion under the Hague Convention seeking the return of the parties' child to Missouri, USA.

The respondent mother had retained the child in Ontario following a visit and argued that returning the child would pose a grave risk of harm under Article 13(b) of the Convention, citing concerns about the father's parenting and the COVID-19 pandemic.

The court found that the child's habitual residence was Missouri and that the mother had wrongfully retained him.

The court rejected the mother's Article 13(b) arguments, finding her concerns did not amount to a grave risk of harm or an intolerable situation, and ordered the immediate return of the child to Missouri.

The mother unilaterally moved with the parties' two children from Toronto to Barrie without the father's consent or a court order.

The father brought a motion seeking the return of the children, joint custody, a 50/50 residential schedule, and unsupervised access.

The court declined to order the return of the children, finding that due to the passage of time, they had become well settled in Barrie and a return would be disruptive.

However, the court condemned the mother's self-help actions and ordered joint custody, with a 50/50 residential schedule to commence once the father relocates to Barrie.

The court also partially lifted the supervision requirement for the father's access and ordered the mother to pay $500 in costs due to her unreasonable conduct.