Amanda Martinez

This decision concerns the penalty phase of a contempt motion in a high-conflict family law matter.

The Respondent mother sought a declaration that the Applicant father was in breach of several paragraphs of a final order regarding parenting time, communication, and information sharing.

The court found the Applicant in contempt for multiple breaches, including failing to comply with parenting time provisions, disseminating information contrary to the order, and contacting the child surreptitiously.

The court concluded that the Applicant’s right to progress to unsupervised parenting time is suspended pending a Motion to Change, given his ongoing defiance and lack of remorse.

The matter is to proceed to a focused Motion to Change, with case management to ensure a manageable evidentiary record.

The respondent mother brought a motion seeking contempt findings against the applicant father for numerous breaches of a final order concerning parenting time, communication, and child-related decisions.

The applicant filed a cross-motion seeking substantive changes to the final order, which the court dismissed as it was not authorized as a motion to change.

The court found the applicant in contempt of multiple paragraphs of the final order, including failing to delete compromising material, sending inappropriate messages via Our Family Wizard (OFW), unauthorized communications with the child through video games, interfering with the child's therapy, withholding the child's health card and passport, and disseminating information about court proceedings and disparaging the respondent on social media.

The court declined to find the applicant in contempt for non-payment of support/costs or for not progressing parenting stages.

The respondent was not found in contempt regarding video call issues.

The matter was set to proceed to the penalty phase for the applicant's contempt.