Roger Trudel

The respondent father brought an urgent motion for the immediate return of the parties' nine-year-old daughter to Ottawa to resume in-person access.

The mother had previously relocated the child to Tiny Township without consent and, in breach of a prior court order, failed to return the child, citing the COVID-19 pandemic as justification.

The court found the mother in breach of the prior order and rejected her attempt to use the public health emergency as an excuse to unilaterally relocate.

The motion was granted, and the mother was ordered to return the child to Ottawa with police enforcement.

This trial concerned the best interests of a six-year-old child, Xavier, regarding custody and mobility.

The applicant father sought sole custody and permission to relocate with the child from Kingston, Ontario, to Edmonton, Alberta, due to a Canadian Armed Forces transfer.

The respondent mother sought sole custody and for the child to move to Montréal.

The court conducted a thorough credibility assessment, finding the father to be a direct and forthright witness, while finding the mother not credible due to inconsistencies, false financial statements, and attempts to mislead the court.

The court granted the father sole custody and permission to relocate, determining that his plan offered greater stability and was in the child's best interests.

The mother was granted specified access, with travel costs shared, and ordered to pay retroactive child support for 2016.