2 total
The court denied a mother's request to relocate the child to the United States, awarding the father primary care and sole decision-making.
This case concerns a motion to change a final order regarding parenting issues, including relocation, decision-making responsibility, parenting time, and child support.
The Applicant mother sought to relocate the child's primary residence from Ontario to West Virginia, USA, where she had moved.
The Respondent father opposed the relocation.
The court found a material change in circumstances since the original order and applied the best interests of the child test, considering factors under the Divorce Act and the Gordon v. Goertz framework.
The court denied the Applicant's request to relocate, finding it in the child's best interests to remain in Ontario with the Respondent.
The Respondent was granted sole decision-making authority, and no ongoing or retroactive child support was ordered, with the Applicant bearing travel costs for her parenting time.
Child support Case allowed
The father sought shared or parallel decision-making responsibility for their child, while the mother sought sole decision-making.
The court found the father's evidence less credible due to inconsistencies and controlling behavior.
Considering the child's best interests, including health issues, communication breakdowns, and the father's pattern of coercive conduct, the court determined that sole decision-making responsibility for the child should be granted to the mother, with a requirement for reasonable consultation with the father.
