2 total
The court granted sole custody of an autistic child to the father and gradually increasing unsupervised access to the mother, while excluding unreliable expert evidence tendered by the mother.
This was a motion to change a custody and access order following a material change in circumstances.
The mother sought a parallel parenting arrangement with final decision-making authority over medical and religious matters, while the father sought sole custody with supervised access for the mother.
The child, who has autism, had been transferred to the father's care in January 2016 after the mother engaged in a pattern of unfounded allegations against the father and breached court orders.
The court found that the mother had made significant gains in insight and conduct since the custody transfer, but that a joint or parallel parenting arrangement remained unworkable due to poor communication, lack of trust, and the mother's ongoing credibility issues.
The court granted sole custody to the father with gradually increasing unsupervised access to the mother, subject to specific conditions designed to protect the child from exposure to parental conflict and false allegations.
The court granted the father sole custody and found the mother in contempt due to her relentless campaign of false abuse allegations and interference with access.
This is a decision on a motion to change a custody and access order dated September 29, 2015, and a contempt motion brought by the respondent father against the applicant mother for alleged breaches of that order.
The applicant also brought a cross-motion seeking various relief including appointment of the Office of the Children's Lawyer and a mental health assessment of the father.
The child, Dean Webster, born October 26, 2011, has special needs including bilateral club feet and moderate to severe autism spectrum disorder with language delay.
The case involves a high-conflict dispute between the parties.
The court found that the mother had engaged in a relentless campaign to discredit the father and interfere with his relationship with the child, including making unfounded allegations of physical and sexual abuse.
The court found a material change in circumstances and determined that the best interests of the child required a temporary change in custody to the father, with the mother's access to be supervised.
The mother was found in contempt of certain provisions of the September 29, 2015 order.
