The applicant father brought a motion to change a prior custody order after the parties’ daughter refused parenting time and allegations of parental alienation arose.
Evidence from expert psychiatric testimony and other witnesses supported findings that the respondent mother had engaged in a long-standing campaign of alienating behaviour that had already destroyed the father’s relationship with the parties’ older child and posed a serious risk of emotional harm to the younger child.
The court found the mother lacked insight into her conduct and had failed to meaningfully pursue therapy despite prior court orders.
Applying the best interests test under s. 24(2) of the Children’s Law Reform Act and s. 16 of the Divorce Act, the court concluded that continued contact with the mother without treatment would expose the child to further emotional harm.
The father was granted sole custody and the mother was denied access until completion of therapeutic treatment addressing her alienating behaviour.
