B. D. Barr

On a motion for temporary relief in a family law proceeding, the applicant sought temporary child support and spousal support while the respondent sought orders preserving assets, restraining asset depletion, imputing income to the applicant, and determining proportional contribution to extraordinary expenses.

The parties shared joint custody of two children and exercised approximately equal parenting time, requiring determination of child support under s. 9 of the Federal Child Support Guidelines.

The respondent argued that income should be imputed to the applicant due to alleged underemployment and unreported business income.

The court held that the evidentiary record on conflicting affidavits was insufficient to establish intentional underemployment and declined to impute income.

Temporary child support and spousal support were ordered based on the respondent’s current income and the applicant’s reported income, along with asset preservation orders and proportional sharing of future extraordinary expenses.

In a family law proceeding following recent separation, the applicant father sought interim unsupervised access to two children while facing pending criminal charges for assault, sexual assault, and forcible confinement involving the respondent mother.

The mother sought supervised access, citing risks of emotional harm and allegations that the father had attempted to pressure the children and involve them in the criminal proceedings.

The court held that although unsupervised access is generally the norm, the respondent met the onus of demonstrating that supervised access was in the children's best interests on an interim basis.

Supervised parenting time at a neutral access centre was ordered, together with conditions restricting alcohol and discussions of adult issues.

The court also granted the respondent exclusive possession of the matrimonial home and restraining provisions against the father.