In a custody and access trial involving a young child with autism spectrum disorder, the mother sought sole custody while the father and paternal grandmother sought joint custody with each other and with the mother.
Applying the best interests framework under the Children’s Law Reform Act, the court rejected any general parental preference over a grandparent but held that biological relationship remained one factor among many.
The court found the paternal grandmother’s involvement had been vital to the child’s education and services, but also that her conduct had at times undermined the mother’s parental role.
The mother was made the child’s primary custodian with sole decision-making except for education, which was to be shared jointly with the grandmother; the father was denied joint custody.
The existing residence schedule remained in place, and the father was ordered to pay guideline child support of $40 per month.
