Annette Katchaluba

The respondent father brought a motion to vary the interim parenting schedule to a 2-2-3 schedule.

The applicant mother brought a cross-motion to maintain the current schedule and requested an updated voice of the child report or the involvement of the Office of the Children's Lawyer.

The court reviewed a previous voice of the child report which indicated the children struggled with short transitions.

Finding that the status quo was not in the children's best interests, the court granted the father's motion to implement a 2-2-3 schedule to minimize transitions and dismissed the mother's request for further assessments.

The applicant brought a motion to strike several paragraphs of the respondent's Answer in a family law proceeding, arguing they were inflammatory, pleaded evidence, or relied on surreptitiously obtained communications.

The court struck certain paragraphs referencing a notorious murder and extra-marital affairs as inflammatory or a waste of time, but upheld paragraphs relating to family violence, objectification of women, and parenting capacity as relevant to custody.

The court dismissed the applicant's claim of intrusion upon seclusion regarding text messages synced to a family iPad, finding a low expectation of privacy.

The court also granted the applicant's request to anonymize the proceeding to protect the children.

The Applicant Mother brought a motion to strike the Respondent Father's pleadings and prohibit future filings due to his failure to pay child support arrears, non-payment of costs, and abusive behaviour, including vile text messages and breach of a restraining order.

The Respondent Father had also relocated to Tanzania while seeking primary residency of the child.

The court struck the Father's Notice of Motion due to his exceptional conduct of relocating to another continent while seeking residency.

The court also ordered that the Father may only file responding pleadings upon bringing his child support arrears and outstanding costs awards into good standing.

Costs of $15,000 were awarded to the Mother.

The applicant father sought orders requiring the children to attend counselling, restricting travel discussions, and varying child support in a shared parenting arrangement.

The mother opposed the counselling and travel orders, and disputed the father's request to impute her income at $67,000 following a period of disability.

The court dismissed the father's requests for counselling and travel restrictions, finding the children were well-adjusted and the primary issue was high parental conflict.

The court imputed part-time and full-time minimum wage income to the mother for the periods she was not receiving disability benefits, and ordered child support to be calculated using the set-off approach under section 9 of the Child Support Guidelines.