The applicant mother brought a motion for shared parenting of the parties' three-year-old child following the tragic drowning death of their younger child.
After the accident, the respondent father unilaterally assumed sole care of the surviving child and restricted the mother to supervised parenting time, alleging she was responsible for the death and was an unfit parent.
The court relied on evidence from a Children's Aid Society worker who investigated the family and found no child protection concerns regarding the mother.
The court strongly criticized the father's resort to self-help and his derogation of the mother, ultimately granting the mother's motion for primary care during the week with the father having weekend parenting time.
