C. Mathen

In an uncontested family law trial, the applicant mother sought sole decision-making responsibility, primary residence, child support, and a divorce.

The respondent father failed to participate in the proceedings and had not seen the child in two years.

The court granted the applicant sole decision-making responsibility and primary residence, imputed a minimum wage income to the respondent for child support purposes, and issued a no-contact order.

The court also granted the divorce and awarded costs to the applicant.

The applicant brought a motion for a restraining order or, in the alternative, a no contact order against the respondent.

The parties had a fraught history, with the respondent facing pending criminal charges for uttering threats.

The court declined to issue a restraining order, finding it to be a serious tool not appropriate at this stage given the untested allegations and lack of recent violence.

However, the court granted a temporary no contact order under section 28 of the Children's Law Reform Act to maintain stability and address the applicant's subjective fear.