The applicant mother sought sole custody of the parties' two-year-old child in an uncontested trial.
The respondent father, who had been deported to Nigeria, did not appear but had previously mailed an Answer requesting custody when the child turns ten and access in the interim.
The court applied the best interests of the child test under the Divorce Act and the Children's Law Reform Act.
Finding that the mother had been the sole caregiver since birth and the father had no involvement, the court granted sole custody to the mother with reasonable access to the father.
