The respondent father brought an urgent motion seeking that the parties' seven-year-old daughter reside with him and continue attending school in Waterloo, Ontario.
The applicant mother brought a cross-motion seeking to relocate the child to Manitoulin Island where she had already moved without court authorization.
The court applied the principles from Gordon v. Goertz and the interim mobility test from Plumley v. Plumley.
Finding that the mother had acted precipitously and contrary to the child's best interests by relocating without seeking a court order first, and that custody remained undetermined, the court dismissed the mother's motion and ordered the child returned to the father's care in Waterloo Region pending trial.
