Ms. Sandra Kapasky

The applicant father brought a motion seeking a finding of primary residence and confirmation of the status quo since March 2020, when the children were placed in his care following child welfare involvement.

The respondent mother brought a cross-motion seeking the return of primary residence or expanded parenting time.

The court found that a new status quo had been established and that there was no compelling evidence to disturb it pending trial, especially given the Office of the Children's Lawyer's recommendation.

The court ordered that the children remain in the primary care of the applicant, but granted the respondent expanded parenting time of three weekends per month.

The applicant mother and respondent father brought cross-motions to change a 2016 final order regarding parenting and child support for their nine-year-old son.

The court found a material change in circumstances due to high parental conflict and the child's expressed desire to spend more time with the father.

The court ordered a meaningful consultation process for major decisions with the mother retaining final decision-making authority, and increased the father's holiday and summer parenting time.

The court also imputed an annual income of $30,000 to the father for child support purposes, finding him voluntarily underemployed, but declined to order him to contribute to extracurricular activities due to his limited means.