The applicant mother brought a motion to relocate with the parties' two children from Richmond Hill to St. Catharines.
The parties had a shared parenting arrangement.
The mother unilaterally moved to St. Catharines during the COVID-19 pandemic when schools were virtual.
The court applied the relocation provisions of the Divorce Act and found that the mother failed to meet her burden of proving the move was in the children's best interests, noting the significant impact the distance would have on the children and the father's parenting time.
The motion was dismissed, and the mother was ordered to return to within a 30-minute commute of the father's residence to maintain the shared parenting schedule.