Garry Earl Joseph Lamourie

A custody dispute between the biological father and the deceased mother's partner over two children, ages 12 and 11.

The father sought custody following the mother's death in July 2012, while the partner, designated as guardian in the mother's will, also claimed custody.

The court awarded custody to the partner, finding that despite the father's biological relationship to the children, the partner had provided stable care, the children consistently wished to remain with him, and the father had demonstrated insensitivity to the children's emotional needs by denigrating their deceased mother and the partner in their presence.

The father retained Saturday access as previously ordered.

The applicant mother brought a motion to change a child support order from 1995 requiring the respondent father to pay $250 monthly for their child.

The parties agreed to increase support to $558 monthly based on the respondent's current income.

The outstanding issues were the applicant's claims for retroactive increase to March 2008 and contribution to tutoring expenses.

The court granted a retroactive support award of $5,533 payable at $350 monthly based on the respondent's blameworthy conduct in underpaying support, but denied the claim for tutoring expenses retroactively and prospectively.