The Ontario Court of Justice dismissed a 14B motion brought by Laura Elizabeth Clark seeking urgent orders for primary residence of the child with police enforcement in Fergus, Ontario.
The motion was short served and not on consent, and the court emphasized the importance of jurisdictional propriety, noting an existing temporary order from Thunder Bay.
The court held that only the original court can transfer jurisdiction under section 66 of the Children's Law Reform Act and that the issue of jurisdiction should be addressed in Thunder Bay where the initial application was made.
The decision highlights procedural requirements for urgent motions and the necessity to respect existing court orders and jurisdictional boundaries in family law disputes.
