Dean James Moldenhauer

The applicant sought to modify a temporary access order concerning the parties' child, relying on an Office of the Children's Lawyer (OCL) report, the resolution of criminal charges, the passage of time, and the facilitator's health.

The respondent opposed, arguing against the use of the OCL report at an interlocutory stage and the absence of a material change in circumstances.

The court found compelling reasons to adjust the access regime, acknowledging the OCL report's factual utility and the child's developmental stage.

The court expanded the applicant's access to include alternate longer weekends, a weekday overnight, and specific holiday periods, but maintained the applicant's sole responsibility for transportation and providing a facilitator due to unresolved safety concerns.

The applicant father sought sole custody of the parties’ child under the Children’s Law Reform Act, seeking to vary a prior Quebec order granting the mother custody.

Evidence showed the child had lived with the father in Ontario since 2011 after significant instability in the mother’s household, including substance use, frequent moves, exposure to domestic violence, and concerns raised by Quebec child protection authorities.

The child’s academic performance, stability, and wellbeing improved substantially after moving to the father’s care, supported by school evidence and an Office of the Children’s Lawyer report recommending custody to the father.

Although the mother demonstrated recent improvement and maintained a positive relationship with the child, the court found that the child’s best interests favoured maintaining the stable environment established with the father.

Sole custody was granted to the father with extensive access to the mother and various counselling and behavioural conditions imposed on both parents.