C. McCann

The applicant (father) sought an order for the return of the child after the respondent (mother) breached a temporary custody order by refusing to return the child following weekend access.

The respondent, facing criminal charges related to the applicant, filed extensive material and a cross-motion to change custody to her home.

The court found that the respondent deliberately disobeyed the court order without plausible justification and that her actions demonstrated she was willing to prioritize her own needs over those of the child.

The court maintained the existing arrangement whereby the child resides with the applicant and the respondent has weekend access, and awarded costs to the applicant.

The applicant brought a motion seeking leave to amend his application, orders compelling the respondent to answer refusals and undertakings, to strike certain paragraphs from the respondent's affidavit, and to provide medical information for the parties' child.

The applicant also sought to expand his access to the child to include one overnight per month.

The respondent consented to the application amendment and some production.

The court granted the applicant's requests for expanded overnight access, full medical information for the child, and struck inflammatory paragraphs from the respondent's affidavit.

Costs were awarded to the applicant.