2 total
Motion for non-compliance with access order dismissed; intensive therapy and psychological assessments ordered instead.
The respondent father brought a motion seeking a finding that the applicant mother was in non-compliance with a temporary access order, along with requests for make-up time and various behavioural orders.
The children had been refusing to attend parenting time with the father, which the father alleged was due to parental alienation by the mother, while the mother alleged it was due to the father's past behaviour.
The court reviewed the efforts of multiple professionals and the mother's disciplinary actions, concluding that on an interim record, it could not find the mother in non-compliance.
The court dismissed the non-compliance motion but varied the temporary order to require psychological assessments of the children and participation in an intensive therapy program to facilitate access.
Interim family law orders granted; custody assessment request dismissed.
The court heard multiple interim motions in a family law dispute between unmarried parents concerning temporary child support, spousal support, section 7 expenses, school selection, parenting time, and a request for a custody assessment.
The court fixed child support based on the father's estimated 2013 income and ordered interim spousal support within the Spousal Support Advisory Guidelines range, while allocating section 7 expenses proportionately.
The court permitted the child to attend the school selected by the mother and ordered a modest increase in the father’s parenting time consistent with recommendations from the parties’ mediator.
The father's motion for a custody assessment under s. 30 of the Children’s Law Reform Act was dismissed, as the parties had already agreed to obtain expert input from their mediator if necessary.
Costs were denied on the basis that success on the motions was divided.
