The applicant father brought a motion for judgment seeking sole custody and limited supervised access, arguing the respondent mother had delayed a previously ordered custody and access assessment.
The respondent mother brought a cross-motion to dismiss the motion for judgment, reinstate her supervised access, and order the completion of the assessment.
The court dismissed the motion for judgment, finding that completing the assessment was in the child's best interests given the mother's treatable mental health issues.
The court ordered the assessment to be completed, reinstated supervised access, and ordered the applicant to pay the assessment fees in lieu of costs.