Alexandra Kirschbaum

Following an interim custody motion where the applicant maternal aunt was awarded primary care of the child and the respondent father was awarded access, the court determined costs.

The court found the applicant was more successful and presumptively entitled to costs, despite divided success.

Considering the unreasonable behaviour of both parties and the excessive time spent, the court fixed costs at $7,000 payable by the respondent father to the applicant.

Interim custody motion concerning a young child following a serious assault allegedly committed by the mother, who was subsequently charged under the Criminal Code and remained in custody.

The child’s maternal aunt and the father each sought interim custody.

The court applied the best interests of the child analysis under s. 24(2) of the Children's Law Reform Act, emphasizing stability, existing relationships, and the importance of maintaining elements of the child’s status quo following a traumatic event.

Given the father’s prolonged absence from the child’s life and the child’s strong integration into the aunt’s household and community, the court found it inappropriate to change the child’s principal residence on an interim basis.

The child was ordered to remain primarily with the aunt while the father received structured parenting time pending further investigation by the Office of the Children's Lawyer.