Judge notes mother’s inability to be primary caregiver due to immigration woes impacted daughters
The Nova Scotia Court of Appeal has refused a father’s request to stay an order for the relocation of his two youngest daughters to Ireland with their mother, who had encountered difficulties obtaining permanent residency status in Canada.
In Stanfield v. Stanfield, 2026 NSCA 65, the respondent mother was an Irish citizen from Limerick, Ireland, while the appellant father was a dual Canadian and UK citizen from England. He is a lawyer.
The parties met in Toronto in 2012, began residing together that fall, moved to Limerick in 2013, married in December 2014, and relocated to England in 2015. They had three daughters, including a 10-year-old and a nine-year-old born in England, who were the focus of this case.
In late 2017, the mother moved back to Limerick with the three children. In 2018, the father followed. In August 2020, the family relocated to Nova Scotia.
Parties’ separation
The parties separated in May 2022 and divorced in April 2024. A consent corollary relief order issued in March 2024 resolved all of their parenting, support, and property division issues.
In line with this order, the children remained in the primary care of their mother, who had been the primary care parent during the relationship.
Mother’s immigration difficulties
The mother, who had intended to immigrate to Canada upon her move in fall 2020, lost her former husband’s sponsorship of her permanent residency application after their separation.
Canada’s immigration authority denied the mother’s permanent residency application and ordered her to leave Canada by Jan. 20, 2026.
Nova Scotia Supreme Court proceedings
In March 2025, the mother applied to vary the consent corollary relief order so that she and the children could relocate to Limerick. Unfortunately, the earliest available trial dates were May 11–13, 2026.
During an interim hearing held on Jan. 16, 2026, the mother asked for permission for the interim relocation of the children to Ireland until the final determination of her relocation application. Justice Samuel Moreau of the Nova Scotia Supreme Court (Family Division) denied her request.
In May 2026, the mother returned to Nova Scotia and stayed for around 10 days to attend the trial. During this period, the two youngest daughters were in her primary care.
On Aug. 4, 2026, the mother returned again to Canada. Justice Moreau permitted her to move the children to Ireland. The judge determined that the relocation would serve the children’s best interests.
Nova Scotia Court of Appeal denies stay
The father appealed and moved for a stay. Initially, the Nova Scotia Court of Appeal granted an interim stay pending a full hearing of his motion.
However, in the present case, the appeal court vacated the interim stay, dismissed the father’s stay motion, and confirmed that Justice Moreau’s judgment and order would remain in full force and effect.
The appeal court awarded the mother costs of $1,500, including disbursements.
Arguable issue found
In considering the stay motion, the appeal court first acknowledged that the father satisfied the low threshold of asserting an arguable issue in his notice of appeal, the merits of which a panel of the appeal court could later determine.
The appeal court noted that the father alleged that Justice Moreau:
- committed legal errors, palpable and overriding factual errors, and errors of mixed fact and law
- failed to consider and misapprehended material evidence
- reached a result without support in the evidentiary record
Irreparable harm not shown
Second, the appeal court ruled that the father failed to prove that denying a stay would irreparably harm the children’s interests. The appeal court described the father’s concerns as speculative.
Balance of convenience didn’t favour stay
Third, in balancing the risks of granting or denying a stay, the appeal court concluded that a stay would not serve the children’s best interests.
The appeal court recognized that the mother’s inability to fulfill her primary caregiver role since the beginning of her immigration troubles in Canada had negatively affected the daughters.
The appeal court noted that the mother had a clear and well-considered plan for the childcare and had significant support in Ireland, where the two youngest daughters could return to their community and extended family, including their eldest sister.
According to the appeal court, the children had no comparable extended family and support in Nova Scotia. Lastly, the appeal court saw no “circumstances of a special and persuasive nature” warranting a stay.
Nova Scotia Court of Appeal’s prior family cases
Here are some other recent family law decisions from the Nova Scotia Court of Appeal.
In a dispute over whether to execute a consent interim order with a proposed parenting arrangement, the appeal court issued a June 18 decision finding an error in the judge’s failure to give the mother an opportunity to be heard.
Following divorce proceedings, the appeal court made a Jan. 14 decision setting aside trial costs of $9,250 and awarding the ex-husband appeal costs of $1,000, given that the judge’s finding that the ex-wife achieved more success contradicted his merits decision.
Enjoy this story? Read the latest family law news on the main page!
