Jennifer L. Swan

Following motions regarding child access, contempt, and a publication ban, both parties sought costs.

The father had brought a motion to change access after being criminally charged, and a contempt motion which he later withdrew.

The mother had sought a publication ban and severely restricted access.

The court found divided success, noting the father's contempt motion was inappropriate and the mother's position on access was unreasonable.

Applying Rule 24 of the Family Law Rules, the court ordered that each party bear their own costs.

The respondent father sought an interim order to vary the access provisions of a final order due to criminal charges laid against him, including sexual assault and sexual interference involving children.

The applicant mother opposed the father's proposed terms, advocating for stricter, professionally supervised access.

The court found a material and exceptional change in circumstances warranting an interim variation under its parens patriae jurisdiction.

Balancing the seriousness of the unproven allegations against the father's lack of prior record and the child's need for contact, the court ordered supervised access by the father's wife, S.M., with specific conditions, rejecting the mother's request for professional supervision due to cost and the availability of an approved supervisor.

The applicant mother sought a sealing order, a publication ban, and permission to disclose a criminal bail hearing transcript to herself and the family court, following the respondent father's criminal charges.

The court applied the Dagenais/Mentuck test, balancing the open court principle with the need to protect the child from harm and prevent circumvention of the criminal court's publication ban.

The court granted a publication ban and initialization of parties and the child, finding these measures sufficient to prevent identified risks without a full sealing order.

Permission was also granted for the redacted bail hearing transcript to be provided to the mother and filed with the court.