A family law application concerning custody, access, and child support following separation and criminal charges of assault and sexual assault.
The applicant mother sought sole custody with no access for the respondent father, while the respondent sought joint custody with unsupervised access.
The court found the father was physically, verbally, and emotionally abusive to both the mother and children.
Despite the father's acquittal in criminal proceedings, the civil standard of balance of probabilities supported findings of abuse.
The court granted sole custody to the mother, permitted the father to send letters, cards, and gifts only, and imputed income for child support purposes based on intentional underemployment.