The applicant and respondent, a same-sex couple, brought a friendly motion for summary judgment to remove the respondent from their child's birth registration.
The applicant, the birth mother, needed to travel to Russia for extended periods to care for her ailing mother.
The child had to accompany her because the respondent's severe bipolar disorder prevented her from caring for the child.
However, Russian authorities refused to grant the child citizenship or extended visas because the birth registration named two mothers.
The court granted the motion, finding that while the parties' pre-conception intent was to co-parent, the child's best interests required the applicant to be able to travel to Russia with the child.
The court exercised its discretion under s. 13 of the Children's Law Reform Act to declare the respondent is not a parent.
