Judith Holzman

The appellant appealed a motion judge's orders varying child and spousal support and awarding costs to the respondent.

The motion judge had found a material change in circumstances and increased support, while also changing the method for calculating the appellant's imputed income from a clergy residence deduction.

The Court of Appeal allowed the appeal, finding no material change in circumstances to justify varying spousal support and holding that the method for calculating the clergy deduction was res judicata.

The original trial order's spousal support provisions were restored, child support was recalculated based on the trial judge's methodology, and costs were awarded to the appellant.

The appellant failed to comply with an order to post $15,000 as security for costs before the appeal hearing.

The court noted a long pattern of non-payment of spousal and child support, with arrears exceeding $27,000.

The appeal was dismissed with costs fixed at $15,000.

The paternal grandmother applied for access to her two grandchildren against the wishes of the children's parents.

The trial judge ordered access, finding it would be in the children's best interests to foster a relationship with their grandmother.

The parents appealed.

The Court of Appeal allowed the appeal and dismissed the access application, holding that where parents are loving and devoted, their decisions regarding whom their children see and under what circumstances should be respected, and the court should not impose its own perception of the children's best interests.