3 total
The court suspended a father's supervised access and struck his motion due to ongoing harassment.
The applicant mother sought to suspend the respondent father's supervised access to their 12-year-old daughter and for security for costs.
The father had filed a Motion to Change seeking to enforce existing access orders or obtain unsupervised access, but failed to properly amend his pleadings or adhere to court timelines.
The court struck the father's Motion to Change as an abuse of process and, finding a material change in circumstances due to the father's harassing and threatening behavior and its detrimental impact on the child's mental health, granted the mother's request to suspend access.
The court also imposed conditions on the father for any future access motions and ordered him to pay outstanding and future costs.
Appeal to terminate child support for estranged adult children dismissed; father's behaviour caused the estrangement.
The appellant father appealed a motion judge's decision dismissing his motion to terminate child support for his two adult children.
He argued that his income had decreased, that the children refused to have a relationship with him, and that the motion judge breached procedural fairness.
The Divisional Court dismissed the appeal, finding no breach of natural justice, no error in the motion judge's conclusion that there was no material change in financial circumstances, and no error in relying on a psychologist's report which concluded the father's own abusive behaviour caused the estrangement.
Temporary sole custody awarded to father with no-contact period for mother to remedy severe parental alienation.
The applicant father brought a motion to change a 2006 order to seek sole custody of his two sons, alleging severe parental alienation by the respondent mother.
The mother brought a cross-motion for joint custody and a new psychological evaluation.
The court accepted the psychological evaluation finding severe parental alienation by the mother, who had fostered an unhealthy dependence and involved the children in the litigation.
To repair the father-son relationship, the court awarded the father temporary sole custody with a period of no contact for the mother, followed by supervised access, and eventually transitioning to a shared week-about joint custody arrangement.
The mother's requests for a new evaluation and appointment of children's counsel were dismissed.