In a family trial concerning a four-year-old Indigenous child, the court determined primary residence and parenting time after the parties' equal shared schedule became unworkable because the child was starting school and the parents lived approximately three hours apart.
Applying the best interests framework under s. 24 of the Children’s Law Reform Act, informed by the federal legislation respecting First Nations, Inuit and Métis children, youth and families and the Child, Youth and Family Services Act, the court found both parents loving, capable, and supportive of the child's Indigenous heritage, culture, and language.
The court held that the child's primary residence should be with the applicant because her circumstances were presently more stable and provided a more straightforward routine for school, medical care, and daily activities, while preserving substantial parenting time for the respondent.
Joint decision making was continued, the respondent received expanded non-regular parenting time consistent with the maximum contact principle, and child support of $359.00 per month was ordered based on agreed incomes.
