Hassan

The applicant father brought a motion to change a 2014 consent order for shared custody, seeking sole decision-making and changes to parenting time, as well as imputing income to the respondent mother and excluding his 2016 capital gains from child support calculations.

The court found a material change in circumstances due to the complete failure of the shared parenting regime and high conflict between the parties.

The court awarded sole decision-making responsibility for major healthcare, education, and extracurricular decisions to the respondent mother, subject to consultation.

The existing week-about parenting schedule was maintained.

The court declined to impute income to the respondent, finding her educational upgrading reasonable, but allowed the applicant to exclude a non-recurring 2016 capital gain from his income for support purposes.

The applicant father and respondent mother, who separated in 2014, both sought sole decision-making responsibility for their two children.

The parties had a history of high conflict and inability to co-parent effectively, despite a 2016 separation agreement providing for joint decision-making.

The court found that neither sole nor joint decision-making was appropriate, instead ordering divided decision-making: the father was granted final authority over education, dental, and extra-curricular activities, while the mother was granted final authority over medical decisions and school supports.

The existing shared parenting schedule was maintained with minor modifications.

The court also ordered that no child support be payable by either party under section 9 of the Child Support Guidelines, and dismissed the mother's claim for retroactive child support.

The applicant mother brought a motion to register the parties' child for Junior Kindergarten at Masonville Public School, while the respondent father sought to have the child attend Cedar Hollow Public School.

The court found that both schools were appropriate and both parents valued education.

However, the court determined that the applicant's flexible work schedule and proximity to the school made her better positioned to support the child's daily educational needs and provide consistency.

The motion was granted, allowing the applicant to register the child at Masonville Public School.