Katrina Anders

The respondent father brought a motion for the return of the parties' nine-year-old child to Ottawa after the applicant mother unilaterally relocated to Tillsonburg.

The mother brought a cross-motion to permit the permanent relocation.

The court found a material change in circumstances due to the child starting school, the father's full-time employment, and the mother's unilateral move.

Applying the best interests of the child factors under the Children's Law Reform Act, the court determined that the relocation was not in the child's best interests, noting the mother's failure to provide proper notice and her thwarting of the father's parenting time.

The court ordered the child's return to Ottawa and implemented a temporary week-on/week-off shared parenting schedule.

The applicant sought full recovery costs of $15,735.25 for a motion regarding interim support, alleging bad faith by the respondent.

The respondent sought costs of $2,500, arguing the applicant's requests were excessive.

The court found the applicant was the successful party as she received higher interim support, but noted her relief sought was excessive and she failed to serve an offer to settle.

The respondent was criticized for delaying financial disclosure.

The court denied full indemnity costs, finding no bad faith, and awarded the applicant fixed costs of $4,000.

The applicant mother and respondent father separated after a nine-year marriage.

The mother sought sole decision-making authority, child support, spousal support, and equalization of net family property.

The court granted the mother sole decision-making authority due to the father's coercive and controlling behaviour and the parties' inability to communicate.

The father was granted parenting time on alternating weekends and specified weekdays.

The court dismissed the father's claim to impute income to the mother, ordering child and spousal support based on the parties' actual incomes.

The father was ordered to pay spousal support for 10 years at the mid-range of the Spousal Support Advisory Guidelines, an equalization payment of $213,870.11, and post-separation adjustments.