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Court orders 2-2-3 shared parenting schedule, finding no ongoing risk to children despite violence allegations.
The applicant father brought a motion for summary judgment to enforce an alleged parenting agreement for a 2-2-3 shared parenting schedule, or alternatively, for a temporary order for the same.
The respondent mother opposed shared parenting, citing allegations of intimate partner violence and substance abuse, and sought to restrict the father's parenting time.
The court reviewed the history of the parties' parenting and the mother's shifting positions.
Applying the best interests of the child test under section 16 of the Divorce Act, the court found no ongoing risk to the children and ordered a 2-2-3 shared parenting schedule, along with interim set-off child support.
Full indemnity costs of $3,457.80 awarded after spousal support claim dismissed.
Following the granting of a motion for summary judgment dismissing the applicant's spousal support claim, the respondent sought full indemnity costs.
The court considered the purposes of costs under Family Law Rule 24, including partial indemnification, encouraging settlement, and discouraging inappropriate behaviour.
Weighing the result of the motion, the respondent's offer to settle which was matched by the outcome, and the applicant's conduct which prolonged the proceedings, the court found the request for full indemnity costs of $3,457.80 to be reasonable, proportional and fair.
