Heather-Ann Mendes

A motion to change regarding child support and section 7 expenses for two children from a marriage that ended in 2013.

The applicant father sought to vary the terms of a prior separation agreement and court order, proposing either a fixed monthly sum or a proportionate payment structure for extracurricular expenses.

The respondent mother sought a fixed monthly amount for extracurricular activities.

The court found that the children's extracurricular activities at an elite competitive level constituted extraordinary expenses within the meaning of the Child Support Guidelines.

The court fixed annual section 7 expenses at $16,000 and ordered the father to pay $400 per child per month, with arrears to be repaid at $200 monthly.

The court also ordered the mother to provide annual accounting of expenses.

A child protection agency sought summary judgment on a motion to establish that a child was in need of protection and to grant custody to the paternal grandparents.

The respondent mother opposed the custody order but took no position on the identification order.

The respondent father supported the motion.

The court granted summary judgment on custody to the paternal grandparents and supervised access to the father, but declined to grant summary judgment on the mother's access, finding that genuine issues remained regarding the accommodation of the mother's work schedule and exploration of third-party supervisors.

The court ordered a focused one-day hearing on the mother's access issue.