A family law trial concerning divorce, custody, access, child support, and equalization of net family property following a contentious separation.
The applicant suffered an anoxic brain injury after a motor vehicle accident and had previously been found incapable of managing property under the Substitute Decisions Act, though medical evidence indicated significant cognitive recovery and ability to parent.
The court assessed competing claims for custody and concerns about the applicant’s medical condition and parenting capacity.
Applying the best interests of the children test, the court found the applicant capable of parenting and providing a stable environment, while the respondent’s plans to relocate internationally created instability concerns.
The court granted sole custody to the applicant, set an access schedule for the respondent, imputed income to the respondent for child support purposes, and ordered an equalization payment.
