Lori Cunningham

The applicant mother brought a motion for interim sole custody of the parties' two children and supervised access for the respondent father.

The father had previously been granted primary residence of the older child on a without prejudice basis, but circumstances had materially changed, including the father facing new criminal charges and the release of a highly concerning Report of the Children's Lawyer.

The court found it was in the best interests of the children to reside with the mother in her sole custody, and ordered supervised access for the father pending his completion of counselling and a drug test.

The father brought a motion to change a final order that had granted custody to the mother.

Following the original order, the mother repeatedly made unfounded allegations of physical and sexual abuse against the father, resulting in the child being placed in the father's interim custody.

The court found a material change in circumstances due to the mother's inability to foster a positive relationship between the child and the father, and the emotional harm caused by her persistent false allegations.

The father was granted sole custody, the mother's access was ordered to remain supervised, and the father's child and spousal support obligations were terminated.