In a family law trial proceeding on an uncontested basis, the applicant father sought final sole custody of the parties’ young child after the respondent mother removed the child from Canada and relocated to the United States.
The child was eventually located and returned to Canada following court orders and enforcement assistance.
Evidence included an Office of the Children’s Lawyer s.112 report, testimony from CAS workers, and other witnesses regarding parenting capacity and family history.
The court found the father was presently able to provide a stable home environment while the mother had demonstrated instability and decision‑making inconsistent with the child’s best interests.
Sole custody was granted to the father with the mother limited to supervised in‑person access and structured electronic contact.