E. Mazinani

The applicant father brought an urgent motion during the COVID-19 pandemic to compel the respondent mother to comply with a December 2019 consent order for parenting time, to expand access, and to release $35,000 to each party from the sale proceeds of their jointly owned home.

The court affirmed that the existing parenting order remains in full force and effect, noting that the mother cannot unilaterally terminate access due to generalized COVID-19 concerns.

The request to expand access was deferred as non-urgent.

The court granted the request to release the funds from the home sale proceeds and awarded costs to the applicant.

The applicant mother sought child support from the respondent, who had donated his sperm through sexual intercourse to help her conceive.

The respondent brought a motion for a declaration of non-parentage, arguing they had a pre-conception oral agreement that he would only be a sperm donor and not a legal parent.

Although the parties signed a written contract confirming this agreement after the child's birth, it did not meet the strict requirement of section 7(4) of the amended Children's Law Reform Act, which requires a written agreement prior to conception.

However, the court utilized section 13 of the Act to grant the declaration of non-parentage, finding that the parties' clear pre-conception intention was for the respondent to be a sperm donor only, and that the child's best interests did not override this intention.