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The court granted a partial, time-limited stay of a parenting order to allow the child more time to adjust to increased access.
The applicant sought to stay a Final Order awarding joint legal custody and increased parenting time to the respondent, pending an appeal.
The court applied the three-part test for a stay in parenting cases, considering whether the appeal raised a serious issue, if irreparable harm would occur, and the balance of convenience, with the child's best interests as the overriding factor.
While the appeal did not raise a serious issue regarding joint decision-making or the general increase in contact, it did meet the threshold for specific residential arrangements due to fresh evidence of the child's increased anxiety and regressive behaviors post-order implementation, exacerbated by COVID-19 changes.
The motion to stay joint decision-making was dismissed, but a partial, time-limited stay was granted for future incremental increases in the respondent's overnight access and summer holiday access, allowing the child more time to adjust.
The court granted joint custody and gradually increasing access to a mother demonstrating recovery from addiction.
This trial concerned custody and access to the parties' child, Pyper.
The father sought sole custody and limited access, citing the mother's history of drug addiction, mental illness, and alleged refusal to acknowledge the child's special needs.
The mother sought joint custody and a gradually increasing access schedule, asserting her recovery and ability to co-parent.
The court found the mother had made significant gains in her recovery and granted joint custody, emphasizing the child's best interests require both parents' involvement.
A gradual increase in the mother's access was ordered, with specific schedules for regular parenting time and holidays, and provisions for ongoing drug testing for the mother.
