Ana Kraljevic

The applicant brought a motion for interim spousal support following the breakdown of a 24-year traditional marriage.

The respondent argued that the applicant's income should be imputed to full-time minimum wage and that support should be reduced due to alleged misconduct.

The court declined to impute income, finding no evidentiary basis to establish intentional unemployment given the applicant's age, lack of work history, and health conditions.

The court also rejected the misconduct argument.

Interim spousal support was ordered at the mid-range of the Spousal Support Advisory Guidelines, amounting to $4,236 per month.

Claims for retroactive support and health benefits were dismissed without prejudice to be determined at trial.

The parties, who separated in 2021, sought orders regarding the primary residence, schooling, parenting time, decision-making, and support for their seven-year-old daughter.

The mother, who had moved to Hamilton for full-time employment, sought to have the child reside with her and attend school in Hamilton, while the father sought to maintain the status quo in St. Catharines.

The court ordered the child's primary residence to be with the mother in Hamilton and changed her school, citing the mother's employment, the father's age and health, and the mother's lack of a driver's licence.

The court ordered a shared parenting schedule, with the father having the child on weekends.

The mother was granted sole decision-making for major decisions, but joint decision-making was ordered for psychological treatment.

The mother was also ordered to pay child support and spousal support to the father.

The mother brought a motion to change a 2015 final order regarding the parenting schedule and decision-making authority for the parties' 11-year-old son, who has ADHD and ODD.

The father also sought to change the order to reduce the mother's parenting time and obtain sole custody.

The court found a material change in circumstances due to the child's escalating mental health needs and the parents' inability to co-parent or agree on therapeutic interventions.

The court ordered an alternating-weekly parenting schedule and granted the mother final decision-making authority for health-related decisions to ensure the child receives necessary therapeutic support.

The applicant father brought a motion for an interim parenting schedule for his 18-month-old daughter, Aria, after the respondent mother unilaterally moved to Toronto and restricted his parenting time.

The mother raised concerns regarding the father's parenting abilities, the suitability of his family home for overnight visits, and potential COVID-19 health risks due to her and the maternal grandmother's alleged underlying conditions.

The court rejected all the mother's concerns, finding no evidence to support claims of inadequate parenting or a "toxic" home environment, and that the mother failed to substantiate her or the grandmother's health vulnerabilities.

The court emphasized the importance of meaningful contact with both parents during the pandemic.

An interim order was granted establishing a transitional and then regular weekend overnight parenting schedule for the father, with him bearing transportation costs.

The existing child support amount was maintained, and strict COVID-19 safety protocols were mandated.