Jenna Preston

This family law trial addressed three main issues: the regular parenting schedule, the respondent's alcohol consumption during parenting time, and the children's contact with a third party.

The applicant sought an asymmetric shared parenting schedule, mandatory alcohol monitoring for the respondent, and restrictions on contact with Ms. Foy.

The court affirmed the existing equal-time parenting schedule, finding it promoted the children's best interests and stability.

It ordered the respondent to abstain from alcohol during parenting time and use an alcohol monitoring device for one year due to past breaches of court orders and lack of insight into the impact of his drinking.

The request for restrictions on contact with Ms. Foy was dismissed, as the court found it overreaching and lacking sufficient evidentiary basis, noting Ms. Foy was not a party to the litigation.

The parties were unable to resolve the issue of costs following an appeal.

After reviewing the submissions, the Court of Appeal ordered that there be no order as to costs of the appeal.

The appellant father appealed the dismissal of his motion to vary a final custody order to implement a week-about residential schedule.

The trial judge found no material change in circumstances since the order was made.

On appeal, the father argued the mother's concession of one extra day of access constituted an acknowledgment of a material change, and that his changed employment circumstances warranted a variation.

The Court of Appeal dismissed the appeal, holding that the mother's concession was contemplated by the original order and did not constitute a material change, and found no error in the trial judge's assessment of the father's employment changes.

The mother's motion to adduce fresh evidence was also denied.