When will the court order that a primary residence be located in a municipality where the child is primarily residence with one parent?

In Mohr v. Sweeney, 2016 ONSC 2248, McGee J. addressed the issue of venue. At para. 10, she found that where a child is primarily resident with one parent, that parent’s home is the child’s primary residence for the purposes of deciding where the application is to issue, even if the other parent has access. At para. 11, McGee J. found that the child had been primarily residence since birth with the mother and had never been under the primary care of the father. Further, at para. 12, McGee J. found that where a proceeding has been commenced in a municipality where the child does not reside, the remedy is for the court to transfer the proceeding to the municipality where the child ordinarily resides.