H. McGee

The applicant brought a motion for contempt against the respondent for failing to provide annual income disclosure, failing to consent to direct insurance reimbursements, and failing to attend examinations in aid of execution.

The court found the respondent in contempt for failing to provide income disclosure, as it breached a clear prior order, and provided terms to purge the contempt.

The other contempt claims were dismissed because no prior orders compelled those specific actions.

The court declined to award costs to the successful applicant, finding her counsel's conduct unreasonable for advancing unavailable contempt grounds and seeking incarceration.

The applicant mother brought a motion for exclusive possession of the matrimonial home.

The court previously denied the motion, allowing the respondent father to remain in the home.

The mother renewed her motion, providing evidence of vitriolic and threatening text messages sent by the father.

The court found that the text messages constituted 'violence' under section 24(3)(f) of the Family Law Act, as they were intended to intimidate and caused psychological harm.

Given the violence and the risk of exposing the child to adult conflict, the court granted the mother exclusive possession of the matrimonial home.