Brendan McDermott

The decision addresses a temporary motion by the mother to relocate the parties’ two children from Toronto to Winnipeg.

The court found that the mother established a material change in circumstances, including a new job in Winnipeg, better housing, and family support.

The court considered the best interests of the children under the Divorce Act and relevant case law, ultimately granting the mother’s request to relocate with the children on a temporary basis, with detailed provisions for the father’s parenting time and travel arrangements.

This decision addresses a long motion in family court concerning parenting time and reunification efforts for two daughters.

The court considered the applicant's compliance with previous orders, the implementation of therapist recommendations, and the issue of costs.

A significant aspect was the termination of orders affecting an adult child (Flora) based on a recent Court of Appeal decision (J.F.R. v. K.L.L.) which requires adult children to be heard before parenting orders are made concerning them.

The court found the applicant acted in bad faith and awarded substantial costs to the respondent.

The Respondent brought a long motion seeking compliance with prior parenting orders, expanded parenting time, makeup time, enforcement, therapy provisions, access to information, termination of a restraining order, and possession of a child's passport.

The Applicant opposed the motion and was found to have actively undermined the children's relationship with the Respondent and failed to comply with court orders.

The court granted the Respondent's requests, terminating the restraining orders, ordering compliance, mandating therapeutic reintegration, granting access to information, and imposing fines for non-compliance with parenting time.

The court also declared the older child, Flora, to still be a "child of the marriage" due to her continued dependence and stunted development.