The applicant mother sought to relocate with the parties' 12-year-old son from Thunder Bay to Sudbury.
The parties had shared equal parenting time since separation.
The mother argued the move would provide better access to professionals for the child's ADHD, a new peer group to escape bullying, and closer proximity to her new partner's children.
The father opposed the move, emphasizing the child's need for stability, his established medical team, and his strong relationships with extended family in Thunder Bay.
The court applied the best interests of the child test under the Divorce Act, including the specific relocation factors.
The court found that the mother failed to meet her burden of proving the relocation was in the child's best interests, noting the significant negative impact on the child's relationships and the child's expressed preference to remain in Thunder Bay.
The application to relocate was dismissed.
