Marcy Urbas

The applicant father brought a summary judgment motion seeking sole custody of two children and termination or supervised access for the respondent mother.

The respondent mother did not file responding materials and indicated she would not participate in the court process.

The court found no genuine issue requiring trial and granted the father sole custody.

The mother had a documented history of violence, anger management issues, and involvement with child protection authorities.

She had ceased all contact with the children since February 2019, refusing to see them unless they returned to her care.

The children had been in the father's continuous care for over four years and expressed preference to remain with him, with supervised access to their mother if any contact were to occur.

The parties separated after a 13-year marriage and had two children.

The mother sought to change the parenting schedule to increase the daughter's time with her, and sought sole decision-making authority over extra-curricular activities.

The court granted the mother's request to modify the daughter's parenting schedule, finding it in the child's best interests, and granted the mother decision-making authority over extra-curricular activities subject to consultation.

The court also determined base child support under section 9 of the Child Support Guidelines using a hybrid set-off analysis, apportioned section 7 expenses, and awarded the mother spousal support on both compensatory and non-compensatory grounds until 2026.

This is a final custody and access trial following highly contested proceedings since June 2014.

The mother sought sole custody and the right to determine school placement for the four children.

The father sought joint custody and equal shared residential time.

The court awarded sole custody to the mother, finding that the father's credibility was undermined by his failure to disclose employment, breach of court orders regarding disclosure, and his pattern of manipulating the children and disparaging the mother.

The court maintained the existing access schedule (alternate weekends and Wednesday dinners) and granted the mother discretion over school placement decisions, with the exception that Kayne would continue at Whitefield Christian Academy with the father bearing all costs.