Motion to change a final consent order of August 19, 2009 regarding custody and access of a child born in 2005.
Both parents sought sole custody with access to the other parent.
The child had identified as gender fluid non-binary and the mother had identified as agender, non-binary transgender.
The court found a material change in circumstances and conducted a fresh inquiry into the best interests of the child under the Children's Law Reform Act.
The court awarded sole custody to the father, finding that the mother had failed to follow professional recommendations for the child's behavioral and medical needs, had engaged in verbal aggression with school personnel, had refused to cooperate with the father on parenting matters, and had blamed the child's behavioral issues on misgendering rather than addressing the underlying conduct problems.
The father was found to be more cooperative with professionals, more willing to follow recommendations, and better able to provide the stability and support the child required.
