4 total
Support variation failed; parenting and travel orders were modestly varied.
The parties disputed a claimed retroactive downward variation of child support, the structure of resumed parenting time with the younger child, and whether the mother required the father's travel consent for international vacations.
Applying the retroactive support framework, the court held the payor failed to prove a real, significant, and continuous material decrease in income, finding the medical evidence insufficient and the non-employment effectively a matter of choice.
On parenting, the court found a material change arising from the lack of consistent visits and ordered a gradual transition of day visits before restoring alternate weekend parenting time with the younger child only.
On travel, the court held the father's refusal to consent to a one-week vacation was unreasonable and varied the prior order to permit international vacation travel of up to two weeks outside school time without his authorization, subject to itinerary disclosure and make-up parenting time.
The court granted summary judgment placing three children in extended society care due to chronic protection concerns.
The Ontario Court of Justice granted summary judgment in favour of the Children’s Aid Society of the Region of Peel, placing three children in extended society care due to chronic and long-standing child protection concerns including domestic violence, parental substance abuse, and mental health issues.
The court emphasized the children’s expressed wishes not to return to parental care, the lack of meaningful progress despite years of intervention, and the need for permanency and closure.
The decision carefully applied the Child, Youth and Family Services Act, 2017, and the principles from Hryniak v. Mauldin regarding summary judgment, underscoring the cautious approach required in child protection cases.
The court resolved multiple parenting disputes, declined to find the mother in contempt for a missed visit, and imputed significant income to the self-employed father for child support.
This decision addresses complex parenting issues including choice of dentist and school, holiday parenting time, travel consent, attendance at extracurricular activities, contempt allegations, and child support with s.7 expenses.
The court emphasizes the best interests of the child, Charlotte, born 2019, and resolves disputes over dental care by appointing Dr. Kevin Dann, and school attendance by ordering Charlotte to attend the local public school rather than private school due to insufficient evidence of need and financial concerns.
The court declines to find the mother in contempt for a missed parenting time weekend but orders make-up time.
Regarding child support, the court imputes income to the father based on expert valuations, finds significant arrears, and orders proportionate sharing of special expenses including capoeira classes and dental costs.
Mother found in contempt for homeschooling the child in defiance of a prior court order.
The applicant father brought a contempt motion against the respondent mother for failing to comply with a previous order granting him sole decision-making authority for their child's education for the 2023/2024 academic year.
The mother continued to homeschool the child despite the father's decision to enroll her in an in-person school.
The court found the mother in contempt, ruling that her interpretation of the previous order was without merit and that her actions deliberately violated the order's spirit and intent.
The court imposed a penalty and costs, and extended the father's sole decision-making authority for education for an additional academic year.
