The applicant father brought a motion to change a final consent order regarding custody and access, and a motion for contempt against the respondent mother.
The mother had relocated to Switzerland with the child and subsequently failed to facilitate the father's access or comply with other terms of the order.
The court found it lacked jurisdiction to change custody and access under section 22 of the Children's Law Reform Act, as the child was habitually resident in Switzerland.
However, the court found the mother in wilful contempt of the access order and sentenced her to 90 days of incarceration.
