Douglas

The applicant children's aid society brought a motion for summary judgment seeking a finding that the child was in need of protection and a deemed custody order placing the child with her paternal aunt and uncle.

The child had been apprehended due to medical and developmental concerns, and the parents' failure to follow medical advice.

The parents opposed the motion.

The court found no genuine issue requiring a trial, noting the child's dramatic improvement in kinship care, the parents' failure to participate in a court-ordered parenting capacity assessment, and the mother's lack of contact with the child for nearly a year.

The court granted summary judgment, found the child in need of protection, and ordered deemed custody to the aunt and uncle with reasonable access for the parents.

The parties separated after a high-conflict marriage.

The mother sought sole custody of the younger child, immediate access to the older child, and an order for 'deprogramming' the older child, alleging parental alienation by the father.

The father sought sole custody of both children.

The court found no evidence of parental alienation, but rather 'realistic estrangement' between the mother and the older child due to the mother's conduct.

The father was awarded sole custody of both children, with the older child residing primarily with him and the younger child sharing week-about residence.

The court imputed income of $63,000 to the mother for child support purposes and dismissed her claims for spousal support, retroactive child support, and a restraining order.

Equalization payments were ordered based on the March 2006 separation date.

The plaintiffs moved to amend their statement of claim to include allegations regarding the defendants' instructions to their counsel in a related proceeding.

The court dismissed the motion, finding the proposed amendments irrelevant and immaterial to the issues pleaded.

The court also addressed the defendants' motion to compel answers to undertakings, finding the plaintiffs liable for the costs reasonably attributable to securing the undertakings.