Godfrey Okundaye

The court considered an urgent motion regarding the interim primary residence of a 12-year-old child, M, following allegations of abuse and emotional harm.

After reviewing evidence from the Children’s Aid Society, school officials, and a Voice of the Child report, the court found it in M’s best interests to reside primarily with the respondent, Kory Guenette, in Verner, Ontario.

The decision details the history of the parties’ relationship, the child’s expressed wishes, and the relevant legal framework for determining best interests in parenting disputes.

The Court of Appeal for Ontario dismissed the appeal by Kurt Ashley Ritchie from an order upholding, with modification, a separation agreement between himself and Jessica Bortoleti De Oliveira.

The court found no error in the trial judge’s adjustment of child support or in the costs award, which reflected divided success and the parties’ conduct.

The court emphasized the ongoing obligation for both parties to exchange financial information annually and confirmed that no costs would be awarded for the appeal.