Aubrey D. Hilliard

The applicant father sought termination of child support and elimination of significant arrears arising under a pre‑Guidelines separation agreement after the parties’ child reached the age of majority and pursued post‑secondary education.

The court considered whether the adult child remained a "child of the marriage" and how support should be calculated for periods of university attendance and residence away from home.

Applying the Child Support Guidelines retroactively, the court determined that support remained payable during periods of full‑time education, with a temporary suspension during a one‑year break.

The court also apportioned post‑secondary expenses including tuition, books, rent, transportation, and dental costs among the parents and the child.

The applicant’s arrears were substantially reduced but not eliminated.

Following a family law trial, the court determined whether a father’s parenting time should expand to include overnight access with the parties’ two young children.

The mother opposed expansion citing concerns about the father’s prior mental health issues, unfamiliar living arrangements, and the children’s emotional reactions.

Evidence showed the father had undertaken counselling, improved stress management, and that the Children’s Aid Society had no safety concerns regarding overnight access.

The court found the evidence supported a gradual expansion of parenting time and that the mother’s concerns, while sincere, were largely speculative.

The court held that overnight access was in the children’s best interests and ordered a staged increase in the father’s parenting time including alternate weekend overnights and summer access.