The mother brought a motion to change seeking sole custody and a variation of the father's access schedule to accommodate the child's minor hockey schedule.
The parties had previously entered into a separation agreement providing joint custody and alternate weekend access with the father, who resided a significant distance away.
The court held that the agreement's flexibility clause did not permit the mother to unilaterally cancel the father's access to accommodate extracurricular activities.
Given the limited parenting time available to the father and the absence of evidence that the child could not continue playing hockey if some games were missed, the court declined to vary the regular access schedule.
The court maintained the existing access arrangement with a limited exception for a specific tournament weekend and granted the father alternating March Break access beginning in 2014.
