Christopher Martin

Following a seven-day trial on the issue of regular access, the court determined the appropriate parenting schedule for a three-year-old child.

The mother, who had primary residency by agreement, sought to limit the father's access to two overnights every fourteen days, citing past incidents of domestic violence and concerns about his parenting.

The court found that while three incidents of violence did occur during the relationship, the father is a capable and loving parent.

Applying the maximum contact principle, the court ordered an expanded access schedule for the father, including mid-week overnights, tailored to accommodate his continental shift work schedule.

The applicant brought a motion to vary a prior consent order seeking permission to relocate the children’s primary residence to the United Kingdom and to impute higher income to the respondent for child and spousal support.

The respondent opposed relocation and sought a variation providing that the children reside primarily with him if the applicant moved, while also requesting support be calculated based on his current income.

Applying the best interests test and the framework from Gordon v. Gertz, the court found the applicant’s reasons for relocation compelling, including immigration limitations preventing employment in Canada, lack of family support in Ontario, and available family and medical support in the United Kingdom.

The court accepted the respondent’s evidence that his current income was $135,000 and declined to impute income at the higher historical level.

The applicant was permitted to relocate with the children, subject to liberal and generous access arrangements for the respondent.