The father sought to change the children's primary residence from Thunder Bay to London, Ontario, and sought sole custody, alleging the mother had mental health issues and failed to address the children's special needs.
The mother opposed the relocation and sought to retain primary care and decision-making.
The court found the mother was the primary parent and the children's status quo was with her.
Applying the Children's Law Reform Act and common law principles, the court determined that the father failed to demonstrate a material change in circumstances or that the relocation was in the children's best interests, noting his history of undermining the mother and his own move from Thunder Bay.
The court dismissed the father's request for relocation and granted the mother sole decision-making authority and primary residence, with specified parenting time for the father and an order for child support arrears and ongoing support.
