The applicant father brought an urgent motion to enforce a 2000 parenting order and compel the respondent mother to return their 32-year-old disabled son to his care.
The court dismissed the motion for lack of jurisdiction, finding that the Divorce Act definition of 'child of the marriage' did not apply because the parents were never married, and the Children's Law Reform Act only applies to minors.
The court directed the applicant to proceed under the Substitute Decisions Act.
