Theodore M. Charuk

The parties separated and initially shared parenting of their two children in Hamilton.

The mother subsequently moved to Brampton and sought sole custody and primary residence, while the father sought joint custody and to maintain the shared parenting schedule in Hamilton.

The court found that the mother had always been the primary caregiver and that the father required significant third-party assistance to manage his parenting time.

Applying the best interests of the child test under the Children's Law Reform Act and the relocation principles from Gordon v. Goertz, the court awarded sole custody and primary residence to the mother in Brampton, with the father having parenting time three weekends out of four and mid-week visits.

Child support was also ordered.

The applicant father sought to prevent the respondent mother from relocating to the Netherlands with their two young children.

The mother argued she could not find suitable employment in the Hamilton area and had a job offer and family support in the Netherlands.

The court applied the mobility framework from Gordon v. Goertz, focusing on the children's best interests and the maximum contact principle.

The court found that both parents were highly involved and capable, and that moving the children to the Netherlands would drastically reduce their contact with the father, which was not in their best interests.

The court denied the move to the Netherlands but permitted the mother to seek employment elsewhere in Ontario or Canada, excluding New Brunswick and Nova Scotia.

The court also made orders for joint custody, access, child support, and spousal support.