In this case, Mr. Nussbaum successfully argued that the Father should have sole custody of the children. Even though the Mother was the children's primary caregiver while the family lived in the Middle East, the Father's parenting role evolved in Canada and he became an equal caregiver. Post-separation, the parents had a shared parenting regime. The judge ultimately found that the Father was supportive of the children's relationship with the children while the Mother sought to limit the Father's parenting role and time with the children. The Mother tried to argue that the children required the stability of one home, however she presented no evidence to suggest that the children were not doing well under the status quo shared parenting regime. Ultimately, the Father was the only parent who understood the importance of the children having both parents actively involved in their lives and having as much contact with each parent as possible.
Mr. Nussbaum defeated the Children's Aid Society of Toronto after the Society apprehended two children from their parents. The parents in this case had a very untidy home and the Father was in possession of drugs. After demonstrating that these concerns, among others, could be addressed by the parents to better the environment for the children, the judge decided that the least intrusive option for these children was to return them to their parents' home, with continued supervision and support from the Society.
In this case, the Father consented to the Mother primarily caring for the child. However, he did not consent to her relocating outside of Ontario and when he discovered that she relocated to Alberta, Mr. Nussbaum successfully argued that there is no presumption in favour of a primary caregiver who wants to relocate with a child. The child's best interests is the primary consideration in these scenarios. Mr. Nussbaum also successfully argued that Ontario was the proper jurisdiction to hear the case, given that he brought his Application soon after the Mother relocated and the judge found that the child's habitual residence remained in Ontario.