H. Cairns

The applicant father brought a motion to vary a parenting order, seeking interim primary residence and supervised parenting time for the mother, following an incident in Florida where the mother was arrested for child neglect due to severe intoxication.

The mother sought to maintain the status quo and requested a section 30 assessment.

The court struck several exhibits from the mother's affidavits, including letters from a nurse practitioner and psychiatrist, for failing to comply with expert evidence rules.

The court found a material change in circumstances and granted the father interim primary residence.

The court declined to order supervised parenting time but required the mother to use Soberlink alcohol monitoring during her parenting time.

The father's child support obligations were suspended, and the mother's request for a section 30 assessment was dismissed.

The applicant mother brought a motion to stay the respondent father's motion to change child support until he complied with an outstanding order for child support and costs.

The father argued he could not afford the payments due to a large debt incurred from a previous trial, for which the mother had been ordered to pay $85,000 in costs before declaring bankruptcy.

The court applied the three-step test for non-compliance under Rule 1(8) of the Family Law Rules and found that exceptional circumstances existed.

The court exercised its discretion not to stay the motion to change, finding it would be unjust to block the father's access to the court given the financial history and potential lack of full disclosure at the prior uncontested hearing.

The mother's request for security for costs was also dismissed.