The applicant father brought a motion seeking temporary sole custody and primary residence of the parties' two children.
The court reviewed the history of the prolonged litigation, the existing joint custody arrangement, and a comprehensive clinical assessment by the Office of the Children's Lawyer.
The mother failed to provide additional evidence and did not appear for the hearing.
The court found compelling reasons to vary the interim arrangements, citing the mother's lack of engagement in the children's educational and medical needs, concerns from the Children's Aid Society, and the clinical assessor's observations of a lack of structure and stimulation in the mother's home.
The father was found to be a strong, involved parent.
The motion was granted, awarding the father sole interim custody and primary residence, with specified access for the mother, and the judge committed to case managing the matter until trial.