The applicant father sought the immediate return of the parties' two young children to Ontario, alleging the respondent mother had unilaterally relocated them to British Columbia.
The mother sought to dismiss the motion, arguing the children were habitually resident in British Columbia and requesting supervised/virtual parenting time for the father due to concerns about his mental health and criminal charges.
The court found the children were habitually resident in Ontario, as the mother's surreptitious move did not alter their habitual residence.
The court ordered the children's return to Ontario within 15 days and established an interim supervised parenting schedule for the father, pending DNA testing for the younger child.
