David J. Lang

The parties separated in 2016 and have one child.

The mother sought sole custody, while the father sought sole or joint custody.

The father had made multiple unfounded reports to child protection services and police regarding the mother, and relocated without consent.

The court granted the mother sole custody, finding the parties unable to communicate effectively and the father's conduct unreasonable.

The court also imputed income to the father for child support purposes, finding him intentionally unemployed while attending college, as he was capable of working part-time and during summers.

The Children's Aid Society brought a motion for summary judgment seeking an order for extended society care without access for a 22-month-old child who had been in care since birth.

The mother opposed the motion, seeking a six-month supervision order.

The Society argued that the mother's longstanding mental health issues and inconsistent access justified the order.

The court dismissed the motion, finding that genuine issues for trial existed, particularly given the Society's acknowledgment that the mother's mental health had been 'fairly stable' since early 2018 and conflicting evidence regarding the quality of her access visits.

The court emphasized the highly cautionary approach required for summary judgment in child protection cases.