2 total
The court granted the mother's summary judgment motion, awarding her sole custody and imputing income to the intentionally underemployed father.
The mother brought a motion for summary judgment on custody, access, and child support issues.
The court applied the two-stage test from Hryniak v. Mauldin and determined that while genuine issues existed requiring trial, these could be resolved through a mini-trial process with oral evidence.
The court granted sole custody to the mother, ordered supervised access for the father, and imputed income to the father for child support purposes based on findings of intentional underemployment and non-disclosure of earnings.
The court removed access supervision, ordered the passport returned, and awarded child support.
The applicant mother brought an interim motion seeking to remove supervision restrictions on her access to the child, obtain return of the child's passport, and secure child support.
The respondent father had previously brought a motion to change the 2011 custody order, alleging concerns about the mother's drug use.
The court found no basis for continued supervision, ordered return of the passport, and set child support retroactively for 2017 based on the respondent's demonstrated income from that year.
The court expressed concern about the parties' adversarial conduct and the impact on the child.
