Aylin Berberian

The respondent mother experienced a mental health crisis and was hospitalized, during which time the child stayed with the applicant father.

After the mother stabilized and was discharged, the father refused to return the child, engaging in self-help to establish a new status quo.

Both parties brought motions seeking urgent relief regarding parenting time and decision-making.

The court dismissed the requests for urgency, finding that the mother's mental health condition was stable, she was following her treatment plan, and a safety plan was in place.

The court emphasized that a parent's mental illness does not automatically justify limiting parenting time and cautioned against relying on stigma and stereotypes in family law proceedings.

The defendant moved to stay a civil action brought by the plaintiff, her former spouse, which sought to lift a freezing order and preservation order previously granted in their ongoing family law proceeding.

The court granted the stay, finding that the civil action was an impermissible collateral attack and barred by issue estoppel, as the plaintiff was attempting to relitigate a final order made between the same parties in another forum.

The defendant's request for security for costs was dismissed as unnecessary given the stay.