The applicant father brought proceedings seeking custody or, alternatively, access to the parties’ three children following a prior divorce order granting the respondent mother sole custody with no access to the father.
The court considered the best interests of the children under s. 16(8) of the Divorce Act and s. 24(1) of the Children’s Law Reform Act.
Evidence established that the mother had been the children’s primary caregiver since separation and had provided a stable and supportive environment, while the father had limited involvement, credibility concerns, and evidence of abusive conduct toward the mother.
The court accepted the recommendations of the Office of the Children’s Lawyer that the mother retain sole custody and that the father receive gradually increasing access.
The application for custody was denied and the mother was granted sole custody with structured access for the father.
