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Mother's application to relocate child to Lebanon dismissed due to vague parenting plan and safety concerns.
The applicant mother sought permission to relocate with her seven-year-old child to Lebanon.
The mother had sole custody and was the primary caregiver, but struggled financially in Canada and wished to return to her family support system in Lebanon.
The respondent father opposed the move, fearing he would lose contact with the child.
The court applied the newly amended relocation provisions of the Divorce Act.
While acknowledging the mother's financial vulnerability and the father's history of coercive control, the court ultimately dismissed the application.
The court found that the mother's proposed parenting plan was too vague, failed to adequately facilitate the father's parenting time, and that relocating to Lebanon posed safety and security risks that were not in the child's best interests.
The court granted the mother's summary judgment motion, awarding her sole custody and imputing income to the intentionally underemployed father.
The mother brought a motion for summary judgment on custody, access, and child support issues.
The court applied the two-stage test from Hryniak v. Mauldin and determined that while genuine issues existed requiring trial, these could be resolved through a mini-trial process with oral evidence.
The court granted sole custody to the mother, ordered supervised access for the father, and imputed income to the father for child support purposes based on findings of intentional underemployment and non-disclosure of earnings.
