In a custody dispute following separation, both parents sought sole custody of two children, while the mother alternatively sought joint custody and equal time based on an Office of the Children’s Lawyer (OCL) report recommending shared parenting.
The court assessed the best interests of the children under s. 16 of the Divorce Act and considered the significant caregiving role of the paternal grandmother, the parents’ inability to communicate effectively, and the reliability of the OCL report.
The court found the report carried limited weight due to methodological concerns, including joint interviews of the children and failure to interview key collateral contacts.
Given the long-standing status quo in which the children resided primarily with the father and paternal grandmother, and the instability that a major change would cause, the court concluded that sole custody with the father best served the children’s interests.
The mother was granted liberal and structured access and child support obligations were suspended due to her financial circumstances.
