Kelli McPhail

Following a trial where the mother was permitted to relocate with the child to Winnipeg, the court determined the issue of costs.

The mother sought $33,500, while the father argued costs should be fixed at $1,000 due to divided success and his limited ability to pay as an ODSP recipient.

The court found the mother was the more successful party and acted reasonably.

Taking into account the father's financial circumstances and the principle of proportionality, the court ordered the father to pay costs of $15,000, payable in monthly installments of $300.

The mother brought a motion to change a final parenting order, seeking permission to relocate the parties' ten-year-old child from London, Ontario to Winnipeg, Manitoba, where her new husband had secured employment.

The father opposed the relocation and sought primary care and decision-making responsibility.

The court found that the relocation constituted a material change in circumstances and that the move was in the child's best interests, as the mother had been the primary caregiver for most of the child's life and could provide a stable home.

The court permitted the relocation, ordered extended parenting time for the father during school holidays, and granted joint decision-making responsibility with final decision-making authority to the mother.

The applicant father brought a motion for interim primary residence of the parties' two young children, or alternatively shared parenting or specified access.

The respondent mother brought a cross-motion for interim sole custody and supervised access for the father.

Both parties made serious allegations against each other regarding substance abuse, violence, and parenting ability.

The court found that the children should maintain their primary residence with the mother, who had been their primary caregiver, while granting the father regular, unsupervised access.

The court declined to order interim sole custody or supervised access, finding that the parties' recent escalation of conflict likely exaggerated their respective concerns.