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The court held it did not retain parenting jurisdiction after authorizing the child’s relocation to Australia and found the child’s habitual residence had shifted there.
The court ordered the respondent to return the child to the claimant in New Mexico, finding the retention in British Columbia was contrary to the parties' agreement and not justified by COVID concerns.
The court found the children were habitually resident in Uganda, ordered their return from British Columbia, and directed the claimant to cover travel and temporary expenses.
In an urgent interim custody and relocation application, the court granted the mother sole custody and allowed the child to relocate to Pakistan with her.
The court refused a mother’s request to relocate two children from British Columbia to England, finding their best interests were served by remaining primarily with their father.
The court granted the mother sole custody and permission to relocate with the child to Adelaide, Australia, while preserving the father’s access and setting child support.
The court granted leave to vary a child’s residence to New Zealand for 2010, applying the best-interests test and enforcing the mediated travel and schooling terms.
Mother’s sustained non‑compliance, emotional abuse and active alienation constituted a material change of circumstances that made sole custody with the father, including authorization to remove the child to the United States and obtain a passport without mother’s consent, necessary to protect the child’s best interests; transitional supervised electronic contact and defined block access rights were imposed and prior child support order terminated.
Source excerpt
The court dismissed a father’s application for access in British Columbia and for an order preventing the child’s move to India, leaving access to be arranged where the child lives.
Interim family-law orders were made concerning Cassandra’s residence in Australia, arrears of child maintenance, and access issues involving Tiffany.
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