The applicant mother brought a motion to change a custody and access order from October 2016, seeking primary residence, a week-about schedule, child support set-off, and proportionate sharing of section 7 expenses.
The respondent father brought a cross-motion to dismiss the mother's motion and sought sole custody, limited access for the mother, child support, and 50% of special expenses.
The court found the mother failed to establish a material change in circumstances warranting variation of the custody order.
The court found the father established a material change in circumstances based on the parties' inability to co-parent and the mother's non-adherence to the access schedule.
The father's motion was granted, establishing sole custody with the father, modified access for the mother, and child support obligations for the mother.