This case involves two motions within the context of a father's motion to change a final parenting order.
The applicant father sought to confirm interim parenting arrangements for the two children, while the respondent mother moved to strike the father's affidavit containing a surreptitiously recorded telephone conversation with the maternal grandmother.
The court granted the mother's motion to strike the recorded evidence, citing public policy against surreptitious recordings in family law, the involvement of a third party, and the hearsay nature of the evidence.
The court also granted the father's motion, confirming the de facto parenting schedule of alternate weekends with the mother (supervised) and the remaining time with the father, finding a material change in circumstances and that this arrangement served the children's best interests, particularly for the younger child requiring stability.
No costs were awarded due to divided success.
