Court File and Parties

COURT FILE NO.: FS-24-0144-00 DATE: 2024-08-30

ONTARIO

SUPERIOR COURT OF JUSTICE

B E T W E E N:

Teri Leblanc, Applicant Counsel: M. Cupello, for the Applicant

- and -

Daniel Christianson, Respondent Counsel: Self-represented, for the Respondent

HEARD: August 29, 2024 at Thunder Bay, Ontario

Regional Senior Justice W.D. Newton

Reasons on Motion

Overview

[1] The Divorce Act was amended in 2021 to allow a parent to relocate a child if the relocation is authorized by a court or if the other parent does not object after receiving notice of the proposed relocation.

[2] This is what happens when one party does not comply with these provisions.

The Facts

[3] The parties married in 2010 and separated in 2018. They have three daughters: Rebecca, (15), Miley, (13), and Emma, (11).

[4] From separation up until 2021, the children resided primarily with the mother. Since 2021, the parents have shared parenting on a two weeks on/ two weeks off schedule.

[5] The parties resided in Marathon. The children have always resided and attended school in Marathon, up until the father’s recent actions. He has a new partner and, as of May 2024, they have a child together. The father resides with his new partner in Levack, Greater Sudbury, which is over seven hours, or over 700 km, from Marathon.

[6] By notice dated April 15, 2024, the father advised the mother that he would be relocating the two youngest daughters to reside with him in Levack effective July 1, 2024. Two days later, the mother formally objected. The father did not commence proceedings to authorize relocation.

[7] The mother commenced an application for decision-making authority, and for an order that the children reside with her in Marathon, sometime in June or July. When the father delivered his Answer, he sent the mother the following message:

Hey just wanted to inform you, Miley and Emma have made the decision to stay living with me moving forward. I spoke with the courts today and I'm under no legal obligation to force them to go back to residence therefore they will be staying with me for the foreseeable future.

[8] The mother immediately brought this motion, by notice of motion dated August 15, 2024, returnable at the first motions court date, August 29, 2024, for the following Orders:

a. Permitting this motion to be brought on an urgent basis; b. Returning the children to the care of the mother in Marathon, Ontario; c. That the children are not to be removed from Marathon, Ontario without the written consent of the mother or further Court Order; d. That, on a temporary basis, the primary residence of the children shall be with the mother; e. That any police service enforce these orders and return to the children to the mother’s care in Marathon if the father refuses to do so; and f. That the father pay the mother her costs of this motion.

Disposition

[9] I have read all the material filed by both parties and listened carefully to the submissions from both sides.

[10] First, I agree that this is an urgent motion that may be brought before a case conference. School resumes next week.

[11] Notwithstanding any advice he has allegedly received, Mr. Christianson does not get to unilaterally decide to relocate his children. The mother’s consent, or a Court order, is required. He has neither. An order shall issue in accordance with paragraphs b, c, and d above that the children be returned to the mother no later than 5 p.m. Saturday, August 31, 2024.

[12] With respect to police enforcement, Mr. Christianson undertook to the court to abide by any court order to return the children to the mother, to save the children the stress of police enforcement. Should he fail to do so, the mother may seek such an order without notice to Mr. Christianson, and I will hear that motion on an urgent basis.

[13] The mother is entitled to her costs of this motion, and she may deliver costs submissions limited to three pages plus costs outline within seven days. The father may deliver responding submissions within five days thereafter, subject to the same page limits.

[14] The next stage should be a Case Conference.

“Original signed by”

The Hon. Mr. Justice W.D. Newton, R.S.J.

Released: August 30, 2024

Footnotes

[1] R.S.C. 1985, c. 3. S. 16.91. [2] Since Mr. Christianson is representing himself, I had Mr. Cupello, as officer of the court, upload Mr. Christianson’s material to CaseCentre. I have his Answer delivered August 19, 2024, but I do not know when the application was issued and served. [3] Rule 14(4.2), Family Law Rules.