Heather MacInnis

The Applicant father sought to lift supervised parenting time and expand his parenting schedule with his 2.5-year-old daughter.

The Respondent mother opposed, citing safety concerns, communication issues, and the father's past disrespectful conduct.

The court found that while the father had made significant improvements, continued supervision was necessary for a limited period, with a step-up schedule for increased parenting time.

The court emphasized the importance of child-focused and respectful communication between parents, particularly for a young child, and provided a roadmap for the eventual lifting of supervision based on adherence to communication protocols and other conditions.

The motion for immediate lifting of supervision was denied, but expansion of time was granted with conditions.

This is a sentencing ruling following a finding that the Applicant father was in contempt for failing to facilitate access between the parties' 11-year-old son and the Respondent mother.

The court considered the principles of contempt sentencing in family law, aiming for remedial and punitive outcomes while prioritizing the child's best interests.

The court ordered make-up access for the child with the Respondent mother, to continue until in-person school classes resume, and a monetary penalty of $5,000.00, along with costs.

The court balanced the need to enforce court orders and punish contempt against the child's stability, particularly regarding schooling.

The applicant father brought a motion to change a final custody order, seeking sole custody of the two children.

His grounds included the respondent mother's alleged inability to ensure timely school attendance, marijuana use, and frequent changes in residence and schools.

The mother opposed the custody change and sought increased retroactive and prospective child support.

The court dismissed the father's motion, finding no material change in circumstances warranting a custody change.

However, the court granted the mother's request for increased child support, fixing retroactive arrears and setting a new prospective amount.

The court also ordered the children to attend a "Families in Transition" program and mandated parental adherence to school recommendations for the children's educational and therapeutic needs, particularly for Maelyn's ADHD diagnosis and Individual Education Plan.