Jessica R. Montpellier

The parties, unmarried parents of three children, sought temporary orders regarding parenting arrangements, child support, and spousal support.

The court imputed the applicant father's income for child support, ordering a higher amount than he proposed but lower than the respondent mother sought, with retroactive effect.

It also ordered a temporary contribution for s. 7 expenses and temporary spousal support.

For access, the court dismissed the need for supervised access by the respondent but ordered a gradual reintegration plan for the father, starting with visits at the paternal grandmother's home, and ordered the involvement of the Office of the Children's Lawyer to ascertain the children's views.

The applicant sought an order for partition and sale of the matrimonial home and for a portion of the proceeds to be held in trust pending resolution of family law issues including child support, spousal support, and equalization of net family property.

The court dismissed the application without costs, finding that relief related to the matrimonial home should be sought within the existing family law litigation (commenced in 2013) to avoid prejudicing parties' rights and to address all related issues holistically.

The court also noted the applicant's delay in pursuing the matter and her own contribution to the urgency claimed, as she was a joint tenant and defaulted in the bank's action.