CASSIDY & SIBLY

In the matter of *Cassidy & Sibly*, heard by Dawe J, the mother sought interim orders permitting the child to reside with her in Canada for six months pending the delivery of judgment. The child's sibling also resides in Canada, and the proceedings have a significant history, including prior Hague Convention proceedings in Canada.

The central legal issue before the court was whether the best interests of the child warranted granting the mother's application for an interim relocation to Canada. This required the court to balance the potential benefits of the child spending time with his mother and sibling against the risks of disruption to his educational and emotional development.

Dawe J reasoned that the likely disruption to the child's residence would pose a risk to his educational and emotional development that outweighed the benefits of spending time with his mother and sibling in Canada. Consequently, the mother's application was dismissed.

The court also made a procedural direction: if final orders and judgment in a related matter, *Carlson & Fluvium*, were delivered before Dawe J's judgment in *Cassidy & Sibly*, the parties were at liberty to file brief written submissions within fourteen days of the *Carlson & Fluvium* judgment, provided they were filed and served via email to the Associate to Justice Dawe.