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.
