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Father granted sole custody and Phase II reunification ordered due to severe parental alienation by mother.
In a high-conflict family law trial, the applicant father sought sole custody of the parties' three children, alleging severe parental alienation by the respondent mother.
The court found overwhelming evidence that the mother had alienated the eldest child and that the younger children were at risk.
The court granted sole custody to the father and ordered the immediate implementation of a Phase II reunification program, which included a 90-day no-contact period between the children and the mother.
The father was also permitted to relocate with the children to Toronto.
Additionally, the court imputed an income of $40,000 to the mother for support purposes, ordered her to pay child support, ordered the father to pay spousal support, and resolved various net family property issues, including the valuation and treatment of a jointly leased cottage.
Family law appeal dismissed; trial judge's decisions on support, mobility, and equalization upheld.
The appellant appealed a trial judgment regarding child and spousal support, custody and mobility, and equalization.
The appellant argued the trial judge erred in calculating his income, allowing the respondent to relocate to New York with the children, discounting family loans for equalization purposes, and managing the trial proceedings.
The Court of Appeal dismissed the appeal, finding no palpable and overriding errors in the trial judge's factual findings, application of the mobility test, or valuation of the debts.
The court also held that while the trial judge erred in restricting cross-examination on an expert report, it did not deprive the appellant of a fair trial.
