Ms. Savoia

The applicant mother sought orders regarding parenting time and decision-making for the parties' two children.

The respondent father engaged in a prolonged campaign of coercive control, domestic violence, and false reporting to child protection agencies.

The court found the father's behaviour caused significant emotional harm and instability for the children.

Applying the best interests of the child test under section 24 of the Children's Law Reform Act, the court suspended the father's parenting time until he demonstrates a material change in circumstances through trauma counselling and a mental health assessment.

The court also issued a one-year restraining order against the father and awarded costs to the mother.

The mother appealed a trial judgment ordering joint custody of the parties' three children and requiring her to pay child and spousal support.

The Court of Appeal upheld the joint custody order, finding the trial judge made no palpable and overriding error in concluding the parents could communicate effectively regarding the children.

However, the Court allowed the appeal regarding support, finding the trial judge erred by failing to impute income to the father despite evidence he worked part-time while receiving a disability pension.

The Court also set aside the future support orders due to the uncertainty of multiple contingencies, ordering instead that each parent bear the expense of supporting the children while in their care.