Michael Bielser, the father, brought a motion seeking to enforce a previous consent order (Justice Roger, March 9, 2017, paragraph 7) for the children to return to Switzerland to reside in his primary care.
The mother, Mirjam Bielser, opposed the transfer and sought an order for temporary custody and primary residence of the children in Canada.
The court found that the children's expressed views and preferences regarding their residence were not unequivocal, consistent, or independent, and noted concerns about potential parental lobbying.
The court declined to enforce the order on an interim basis, stating that the complex issues of custody and the children's country of residence should be determined at trial with a full record.
The primary residence of the children was ordered to remain with the mother in Canada pending further agreement or court order.