The applicant mother sought sole custody of the parties' six-year-old child and restricted access for the respondent father, arguing that his acquired brain injury and past conduct posed safety risks.
The parties had previously executed a separation agreement providing for joint custody.
The Superior Court of Justice found no material change in circumstances to justify altering the joint custody arrangement, noting the mother had contrived conflict and unjustifiably restricted the father's access.
The court upheld joint custody, expanded the father's access schedule to alternating weekends and shared holidays, and ordered the father to repay funds he had misappropriated from the child's education account.
