The applicant mother sought an urgent ex parte order for custody of three children following separation from the respondent father.
The father challenged Ontario's jurisdiction, arguing that pending family court proceedings in Erie County, New York were the proper forum.
The court found jurisdiction under section 22(1)(a) of the Children's Law Reform Act, determining that the children had two habitual residences (Ontario and Erie County), with Ontario being one of them.
Alternatively, the court found jurisdiction under section 23 of the CLRA based on serious risk of harm if the children were returned to the father's custody.
The court granted temporary custody to the mother, ordered the children remain in Ontario, and appointed the Office of the Children's Lawyer to conduct a clinical investigation.
