Susan Beckett

The father brought a motion for contempt alleging the mother breached a divorce order requiring the parties’ children to reside on an alternating weekly basis with each parent.

The mother brought a motion to change the custody provisions, asserting the shared parenting arrangement was no longer workable and that the children experienced stress and conflict under the schedule.

The court held that contempt was not established beyond a reasonable doubt because the evidence did not show the mother intentionally breached the order; the older child had independently refused to continue the arrangement.

The court found a material change in circumstances based on the children’s consistent preferences and the ongoing parental conflict.

The order was varied to maintain joint custody with primary residence with the mother and flexible access to the father consistent with the children’s wishes.

The mother appealed a trial judge's decision granting Crown wardship without access of her child to the Children's Aid Society.

The child was apprehended at birth due to concerns about the mother's cognitive delays and lack of parenting ability.

The mother argued she was not given adequate opportunity to learn to parent.

The Divisional Court dismissed the appeal, finding the trial judge properly considered the evidence, including psychological assessments, and correctly concluded that the mother lacked the ability to acquire and convert parenting information practically, even with assistance.