H. Goodman

The applicant mother and respondent father separated after an eight-year marriage.

Following a four-day trial where the mother was granted sole custody, the court determined the remaining financial and access issues.

The court imputed income to both parties, ordering the father to pay ongoing child support and spousal support for eight years to allow the mother to achieve self-sufficiency.

The court denied the mother's claim for retroactive spousal support and occupation rent, noting the father maintained the matrimonial home until its sale without contribution.

The mother retained medical decision-making authority, and a detailed access schedule was established.

The applicant brought a motion seeking an order for DNA testing to determine the paternity of a child.

The respondent opposed the motion and sought dismissal or, alternatively, disclosure of the applicant’s school and criminal records and an adjournment pending disclosure.

Applying ss. 4 and 10 of the Children’s Law Reform Act, the court held that requests for paternity testing should generally be granted unless the test would harm the child or the request is made in bad faith.

The court found no evidence of bad faith and held it was in the child’s best interests to determine parentage.

The motion for DNA testing was granted with conditions requiring the applicant to pay for the testing and to provide certain disclosure if paternity was confirmed.