The applicant father brought a motion for summary judgment seeking sole decision-making responsibility and primary residence of the children, with supervised parenting time for the respondent mother.
The mother, who has a lengthy history of serious mental health issues and resides in New Brunswick, did not file responding materials or attend the hearing.
The court found no genuine issue requiring a trial, noting the children have lived with the father for nearly five years and their views strongly supported the father's requested relief.
The motion was granted, and the father was awarded $5,000 in costs.