The applicant father sought an interim order to prevent the respondent mother from relocating with the two children from Mattawa to Limoges, Ontario (near Ottawa), and to grant him temporary custody pending trial.
The respondent sought permission to move, citing financial necessity and better employment prospects.
The court found that while the respondent is the de facto custodial parent, there was insufficient evidence to establish a strong probability of success at trial to justify granting a temporary relocation order.
The court maintained the status quo by prohibiting the move pending the full hearing on November 15, 2012, and ordered the parties to file financial statements for determination of temporary child support.