Dr. Alex Weinberger

The applicant mother brought a motion to change a 2012 final order to allow for equal, week-about parenting time for the parties' 14-year-old child.

The child expressed a consistent preference for a shared parenting arrangement to an assessor.

However, the court found significant ongoing conflict between the parents and instances where the applicant undermined the respondent's decision-making authority and parenting time.

Applying the best interests of the child test under section 24 of the Children's Law Reform Act, the court dismissed the motion to change the parenting schedule, finding the current arrangement primarily in the respondent's care remained in the child's best interests.

Child support was ordered on a set-off basis.

In a high-conflict family law trial, the mother sought sole custody and permission to relocate with the parties' two young children to Montreal to take over her family's business.

The father sought joint custody and opposed the move.

The court awarded sole custody to the mother, finding that the parties' poor communication and high conflict precluded joint custody, and permitted the move to Montreal as being in the children's best interests.

The father was granted a graduated access schedule that increased his parenting time to alternate weekends with overnights.

The court also ordered ongoing child support and a $10,000 lump sum for retroactive spousal support, but dismissed the mother's claims for retroactive section 7 expenses and a $60,000 business contribution due to insufficient evidence.

The respondent father brought a motion seeking an order to compel the applicant mother to cooperate with an update to a Custody/Access Assessment and to share the cost of the update.

The respondent also sought an order requiring the applicant to sign consents for the release of the children's medical and educational records.

The court ordered the applicant to cooperate with the update to ensure the trial could proceed as scheduled, but directed the respondent to pay the cost of the update.

The court also ordered the applicant to execute the requested consents.

The applicant father sought to vary a 2009 custody and access order to a joint custody 3-4-4-3 shared parenting schedule.

The respondent mother sought to maintain the status quo where the child resided primarily with her and the father had access every second weekend.

The court found a material change in circumstances due to the mother's relocation and new family dynamics.

However, applying the best interests of the child test, the court dismissed the father's request for shared custody, noting the high conflict between the parents, the child's strong bond with the mother, and the significant travel time required for the child to attend school from the father's residence.

The status quo was maintained with minor adjustments to access.