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The court established an interim parenting schedule and maintained a child's unilateral school change amidst the COVID-19 pandemic.
This case involved a motion and cross-motion concerning interim parenting arrangements for two children, O. (almost 9) and T. (12), following the parents' separation.
The mother (applicant) had unilaterally relocated with O. and changed her school, while the father (respondent) sought O.'s return to her former school and residence.
The court addressed the children's residence, school, and parenting time, considering the best interests of the children, the impact of the mother's unilateral actions, and the special needs of T. The court also had to consider the ongoing COVID-19 pandemic and its effect on school operations and parenting schedules.
The mother was granted interim parenting time and decision-making for O. (excluding the September 2020 school decision), and the father for T. O.'s current school placement in Markham was maintained temporarily.
A specific interim parenting schedule was set, accounting for school closures due to COVID-19.
Neither party was awarded costs.
A case conference was ordered for June 2020 to address O.'s school for September 2020 and the OCL's position.
Exclusive possession motions dismissed; nesting arrangement ordered for matrimonial home pending sale to minimize disruption.
The applicant mother brought an urgent motion for exclusive possession of the matrimonial home following her arrest for allegedly assaulting the respondent father.
The father brought a cross-motion for exclusive possession.
The court found that it was in the 15-year-old child's best interests to remain in the home pending its sale to minimize disruption.
The court dismissed both motions for exclusive possession and instead ordered a nesting arrangement where the mother resides in the home full-time except for alternate weekends when the father resides there.
A mutual restraining order was also issued.