The applicant father brought a motion to change an existing joint custody order, seeking sole custody and primary residence of the 12-year-old child.
The child had been living with the respondent mother in northwestern Ontario, while the father lived in southern Ontario.
The court found a material change in circumstances due to the mother's inadequate care, her failure to facilitate access, and the child's strongly expressed wish to live with his father.
Applying the best interests of the child test under section 24 of the Children's Law Reform Act, the court awarded sole custody to the father, finding he offered a more stable plan and was better able to meet the child's needs.
The access schedule was varied to provide fewer but longer visits, and no child support was ordered given the mother's low income and the costs of access.
