The children's aid society brought a motion to change the placement of a 10-year-old child from the father's care to the mother's primary care.
The father brought a cross-motion seeking leave to move the child's primary residence to another region.
The child had been residing with the father and step-grandfather, but the step-grandfather was moving away and the father's housing and sobriety were unstable without him.
The mother had successfully completed programming and provided a stable home.
The court applied section 113(8) of the Child, Youth and Family Services Act, finding that the presumption in favour of the existing placement favoured the mother, as she was the only caregiver whose situation remained intact.
Alternatively, the court found it was in the child's best interests to be placed in the mother's primary care.
The society's motion was granted and the father's motion was dismissed.
