Hilary F.E. Warder

The applicant mother brought motions for interim sole custody, relocation to Toronto with the children, child support, and spousal support.

The respondent father cross-moved for interim joint custody and the interim sale of the matrimonial home.

The court granted interim joint custody, finding that the mother had limited the father's parenting role.

The mother's motion to relocate was dismissed as there was a genuine issue for trial regarding whether the move was in the children's best interests.

The court ordered the father to pay ongoing and retroactive child support, as well as ongoing spousal support based on the high end of the Spousal Support Advisory Guidelines.

The father's motion for the interim sale of the matrimonial home was dismissed as it could prejudice the mother's equalization claim.

The parties submitted Minutes of Settlement seeking a Consent Order that included terms for secondary arbitration (parenting coordination) for future disputes.

The court raised several questions regarding whether the proposed terms complied with the mandatory requirements for secondary arbitration under the Family Law Act and the Arbitration Act, 1991, such as the qualifications of the arbitrator and the delegation of choosing the arbitrator.

The court deferred granting the consent order pending further submissions or redrafted Minutes from counsel.