Ontario's top court has ruled the province has no jurisdiction in a custody dispute involving a new mother who moved to the United States when she was seven months pregnant.
The Appeal Court rejected a ruling of a lower court judge, who found the circumstances of the move "analogous to abduction."
Immediately after the baby was born in California in January, the Toronto father began custody and access proceedings in Ontario Superior Court.
The mom argued California, not Ontario, should have jurisdiction to decide the issues.
The Appeal Court agreed, saying the state's laws are similar to those of Ontario and its courts will make decisions in the best interests of the child.
Activists say the case is important because the lower court ruling, if it had stood, could have limited the rights of a pregnant woman to move without the consent of the baby's father.
