How has custody of a child been determined in a separation case?

There is a creative decision by Vertes J. in Boros v. Boros, [1998] N.W.T.R. 248, which was not a divorce case. In Boros, the child was born in 1990 in British Columbia and resided there with both parents until 1994 when they moved to the Northwest Territories. The father left the Northwest Territories in 1995 to work in Ontario and the parents remained separated. The Northwest Territories court granted interim custody to the mother in 1996 and there were extensive interlocutory proceedings continuing into 1997 when the mother moved back to British Columbia. Prior to the scheduled trial date, the mother applied to transfer the proceedings to British Columbia.