2 total
Father's motion to change child's school dismissed; costs awarded for mother's abandoned motion.
The respondent father moved to vary a temporary consent order to change the child's school registration and sought costs for the applicant mother's abandoned motion.
The court found that a material change in circumstances was not strictly required, but the father met the threshold.
However, the court determined it was in the child's best interest to remain at her current school and dismissed the motion.
The court awarded costs to the father for the abandoned motion on a substantial indemnity basis.
The court found the mother engaged in parental alienation but declined to reverse custody due to the older children's entrenched resistance, instead issuing a declaration of her responsibility and a $5,000 fine.
This is a complex family law case involving a dispute over parenting arrangements between separated parents.
The applicant sought an order to temporarily remove the children from the respondent's primary care due to her alleged failure to meaningfully participate in court-ordered reunification therapy.
The case evolved over seven years from a simple application to confirm parenting time into a comprehensive examination of parental alienation, estrangement, and the children's resistance to contact with their father.
The court found that the respondent engaged in systematic alienating conduct that prevented the development of a meaningful father-child relationship, but ultimately declined to reverse custody due to the children's ages and entrenched positions.
