Dorothea Dadson

The applicant mother and respondent father both brought motions to change a final order that granted them joint custody with primary residence to the father.

Both parents sought sole custody.

The court found a material change in circumstances due to the father's unilateral decision-making and a period where he denied the mother access.

However, applying the best interests of the child test, the court determined that the child was thriving in the father's care and that joint custody should continue.

The court established a detailed access schedule for the mother and declined to order child support as the mother was on social assistance.

The father brought a motion to change a 2010 child support order and reduce his accumulated arrears, arguing his income had decreased after he quit his second job for health reasons and was subsequently fired from his primary job.

The mother opposed the motion, alleging the father was hiding income and intentionally under-employed.

The court found the father's decision to quit his second job was reasonable due to health concerns, constituting a material change in circumstances.

However, the court imputed his income at $41,000, finding he could not rely on his recent dismissal for cause to further reduce support.

Due to the father's bad faith in failing to pay support and transferring assets, the court only adjusted support retroactively to January 2011 and ordered him to pay the remaining arrears at $250 per month.