In a family law motion arising within a broader motion to change concerning custody, access, and child support, the moving party sought a restraining order and a contempt finding.
The court held the contempt allegations could not fairly be determined on conflicting affidavit evidence and adjourned that aspect sine die pending disclosure from the Children’s Aid Society, the police, and the involvement of the Office of the Children’s Lawyer.
The request for a restraining order under s. 46 of the Family Law Act was dismissed because the evidence of present risk was insufficient and largely speculative, particularly given the absence of recent contact.
No costs were awarded.
