Greg P. Rodgers

A custody trial concerning a child born in February 2010 to parents involved in a high-conflict dispute.

The applicant, the biological father, sought sole custody against the respondent mother who was married to another man at the time of the child's birth.

The case involved complex factual issues including disputed paternity, false allegations of sexual assault, and parental alienation.

The court awarded sole custody to the biological father, finding that while both parents were capable, the respondent's persistent efforts to marginalize the father's role and her lack of willingness to foster the parent-child relationship were determinative factors.

A custody and access dispute concerning a child born in 2009 to parents who had a brief, conflicted relationship.

The applicant father sought joint custody with primary residence, while the respondent mother sought sole custody with supervised access.

The case involved a high-conflict history with 27 court appearances and 16 temporary orders.

The central issue was whether the child should relocate with the mother to Kapuskasing for employment purposes or remain in North Bay with the father.

The court applied the mobility factors from Gordon v. Goertz and Berry v. Berry to determine the child's best interests.

A child protection proceeding under the Child and Family Services Act concerning a seven-year-old child found to be in need of protection.

The Children's Aid Society sought Crown Wardship without access, supported by the Office of the Children's Lawyer.

The mother sought return of the child to her care; the father supported that position and sought access.

The court found that the mother had a long history of mental health issues, emotional instability, substance abuse, and had emotionally abused and neglected the child.

The child had thrived in foster care with relatives and experienced significant anxiety during supervised access with the mother.

The court determined that return to the mother's care was not in the child's best interests and ordered Crown Wardship without access to either parent.

A child protection matter under the Child and Family Services Act concerning two young sisters whose mother was unable to provide adequate care due to persistent drug abuse.

The Children's Aid Society sought a final order for Crown Wardship without access to permit adoption by the paternal grandparents.

The maternal grandparents sought custody with access provisions.

The court found that while Crown Wardship would provide permanency, a custody order under section 57.1 of the CFSA was in the children's best interests because it would preserve the children's beneficial relationship with their maternal grandparents while ensuring their safety and stability with the paternal grandparents.

A custody dispute concerning a four-year-old child, Renee Donna Christine Gilson, between her mother Chantalle Battiston and father Gregory Gilson.

The parents had shared equal week-about custody since their separation in January 2009.

The mother relocated to Richmond Hill in June 2010 without court approval.

The court determined that while both parents were equally devoted and capable, custody should be awarded to the mother based on the principle of maximizing contact between the child and both parents.

The father was awarded access every second weekend during the school year and week-about access during summer months.

The mother was permitted to relocate and was subject to conditions including abstinence from alcohol when the child was in her care and ongoing mental health support.