Aaron Mastervick

The parties engaged in a high-conflict family law trial regarding decision-making and parenting time for their seven-year-old daughter.

The father sought sole decision-making and the continuation of a 2/2/3 shared parenting schedule, while the mother sought sole decision-making, a reduction in the father's parenting time, and a change to the child's surname.

The court found that neither parent should have sole decision-making due to the risk of marginalizing the other, and instead ordered a parallel parenting regime with divided domains of authority.

The court maintained the 2/2/3 schedule to provide stability and dismissed the mother's request to change the child's surname.

The respondent mother brought a motion seeking an updated section 30 parenting assessment prior to trial.

The applicant father opposed the motion, arguing that the conflict between the parties had not changed and that the assessor could provide updated opinions via oral evidence at trial.

The court dismissed the motion, finding no significant change in circumstances to justify a further intrusive assessment and noting that the trial judge could adequately determine the issues with the original report and viva voce evidence.

Costs of $10,000 were awarded to the responding father.

On an interim family law motion, the responding spouse sought partition and sale of a non‑matrimonial rental property, interim disbursements to retain an income valuation expert, imputation of income to the other spouse, and interim child and spousal support.

The court declined to order partition and sale on an interim motion, finding the issue better determined at trial given disputed equity and mortgage claims involving family members.

The court exercised its discretion under the Family Law Rules to order partial interim disbursements to fund an income analysis.

Applying s. 19(1) of the Child Support Guidelines, the court imputed limited income for certain employment benefits but rejected broader lifestyle‑based imputations tied to discretionary gifts from family or a family‑owned business.

Interim child support was ordered based on the adjusted income, with retroactive support, while determination of interim spousal support was deferred pending updated calculations.

The respondent father brought a motion to change a prior final order seeking guideline child support from the mother based on an alleged material change in circumstances and a significant increase in the mother's income.

The court found no material change in the parenting arrangement since the 2002 order, concluding the children continued to spend approximately equal time with each parent.

The father's request for child support was therefore dismissed, and the mother's counterclaim for retroactive child support during a temporary period of reduced access was also dismissed for lack of pleadings and absence of a material change.

However, the court allowed the mother's claim in part for arrears of section 7 extraordinary expenses under the Federal Child Support Guidelines, ordering the father to pay his proportionate share for certain necessary and reasonable expenses dating back to the original order.