David G. Seaton

The applicant mother and respondent father both brought motions for custody of their three children following allegations of child abuse against the mother and her subsequent criminal charge.

The court found itself unable to make definitive findings of fact based on the initial evidentiary record and adjourned the matter for further evidence.

On a temporary, without prejudice basis, the court granted the respondent father temporary custody, including primary residence and decision-making authority.

The applicant mother was granted supervised access in accordance with a safety plan instituted by the Children's Aid Society, with specific conditions regarding supervision and exchanges.

Ancillary orders were made prohibiting discussion of litigation or criminal charges with the children and forbidding corporal punishment.

The respondent brought a motion to suspend or terminate the applicant's access to two children pending trial, following a section 112 report from the Children's Lawyer that raised concerns regarding the applicant's behaviour, including allegations of sexual abuse of the younger child and parental alienation of the older child.

The court found a material change in circumstances since the original custody order and determined that a temporary variation of access was necessary in the best interests of the children pending trial.

The court suspended access to the younger child entirely and restricted access to the older child to alternate weekend visits with specific conditions prohibiting negative statements about the respondent.