The applicant father brought a motion for interim custody and an order requiring the respondent mother to return the child's primary residence to Stratford from London.
Both parents had a history of substance abuse, but the mother had been the primary caregiver since separation and the child was flourishing in her care.
The court applied the best interests of the child test under the Children's Law Reform Act and ordered that the child remain in the primary care of the mother in London, with a parallel parenting regime and generous weekend access for the father.