Barbara Cohen

The parties, Frederick Kaszap (applicant) and Amber Volk (respondent), were involved in a high-conflict parenting dispute concerning their two children, M. (12) and C. (8).

The applicant sought reunification counselling for M., who refused contact with him, and opposed the respondent's request for sole custody of both children.

The respondent opposed reunification counselling for M. and sought sole custody, citing ongoing conflict.

The court granted the respondent sole custody of M., declining to order reunification counselling due to M.'s distress and the lack of a detailed therapeutic proposal.

For C., the court maintained joint custody but granted the respondent sole decision-making authority regarding the frequency of C.'s counselling due to the applicant's uncooperative behaviour.

A neutral third-party mental health professional was ordered to regularly assess M.'s views on contact and counselling.

The applicant sought retroactive and ongoing spousal support pursuant to the Spousal Support Advisory Guidelines despite a separation agreement that effectively eliminated further support through a net disposable income formula tied to child support payments.

Applying the two‑stage test in Miglin v. Miglin, the court examined both the circumstances surrounding the agreement’s formation and whether its continued enforcement remained consistent with the objectives of the Divorce Act.

The court concluded that enforcement of the agreement would be unconscionable because it failed to recognize the applicant’s compensatory and non‑compensatory entitlement arising from career sacrifices, primary caregiving responsibilities, and health issues.

The court found that the parties could not reasonably have contemplated that the agreement would eliminate ongoing spousal support once the respondent regained stable employment.

The court therefore overrode the relevant provisions of the separation agreement and fixed mid‑range SSAG spousal support retroactive to March 1, 2012, while extending the termination date of support.