The applicant mother brought a motion for an interim order to relocate with the parties' four-year-old child to Burnaby, British Columbia, and for primary care.
The respondent father opposed the relocation and sought a 50/50 shared parenting arrangement in London, Ontario.
The parties, both physicians, separated following an incident resulting in criminal charges against the father.
The mother sought to relocate for a lucrative employment opportunity in her medical specialty.
The court applied the relocation provisions of the Divorce Act and the test for interim mobility, finding that the mother had a compelling financial and career reason to move, and that she had been the primary caregiver.
The court granted the interim relocation and allocated primary care and decision-making responsibility to the mother, with specified parenting time for the father.