Keith Newell

The applicant mother sought sole custody, child support, section 7 expenses, and spousal support from the respondent father.

The parties resolved custody and access prior to trial.

The court determined the father's income for support purposes, including grossing up tax-free structured settlement income, but declined to impute additional employment income.

The court ordered retroactive and ongoing child support and section 7 expenses.

The applicant's claim for spousal support was dismissed, as the court applied the Molodowich factors and found the parties did not live together in a conjugal relationship and therefore the applicant was not a 'spouse' under the Family Law Act.

The children's aid society apprehended a child and applied for a finding that the child was in need of protection.

The society, the father, and the paternal grandmother all sought temporary care and custody of the child.

The court found that both the father and the grandmother had charge of the child immediately before the intervention.

Due to the parents' history of domestic violence, substance abuse, and mental health crises, the court concluded there was a risk of harm if the child was returned to the parents.

The court ordered that the child remain in the temporary care of the paternal grandmother pursuant to section 51(2)(c) of the Child and Family Services Act.