Haig DeRusha

The applicant mother brought a motion seeking a Voice of the Child (VOC) report for the parties' 11-year-old child regarding a proposed move to St. Catharines.

The respondent father opposed this and brought a cross-motion for retroactive and prospective child support, arguing the children primarily resided with him.

The court ordered a VOC report, emphasizing the child's right to express views.

Regarding child support, the court found insufficient evidence to determine a shared parenting arrangement and thus ordered the mother to pay temporary prospective table child support of $2,110/month.

The court declined to make a determination on retroactive child support due to a conflicted record, requiring further evidence and questioning.

The respondent sought costs in the amount of $1,412.50 for time spent arguing a contested adjournment of a case conference scheduled for March 30, 2012.

The respondent contended that the applicant's counsel provided insufficient notice of his unavailability due to vacation and that the case conference should have proceeded.

The court declined to award costs against the applicant's counsel personally or against the applicant, finding that although an error in judgment occurred, the case conference was not a wasted appearance as temporary access minutes were negotiated and executed.

The court held that each party should bear their own costs.