Karen King

Following the death of the children's mother, both the biological father and the stepfather brought motions seeking primary care of the four children.

The court found that the mother's death constituted a material change in circumstances but determined it was in the children's best interests to remain in the primary care of their stepfather, who provided stability and support alongside the maternal grandparents.

The biological father's request for primary care was dismissed, but his parenting time was increased.

The moving party sought to terminate or reduce his spousal support obligations, arguing that the responding party had achieved economic self-sufficiency due to an increase in her employment income.

The court found that the responding party's increased income constituted a material change in circumstances.

However, considering the compensatory nature of the original support order and the economic hardship the responding party suffered from the marriage breakdown, the court declined to terminate support.

Instead, the court reduced the monthly spousal support amount retroactively and prospectively based on the parties' updated incomes.

The children's aid society apprehended three children from their father's care due to concerns about his inability to control his temper and excessive discipline.

The society sought an interim order placing the children with their mother and restricting the father's access.

The father brought motions to strike the society's affidavit and dismiss the protection application as an abuse of process, arguing bias and a right to refuse cooperation.

The court dismissed the father's motions, finding no abuse of process and that his refusal to cooperate with services raised valid protection concerns.

Applying the interim placement test, the court found a real risk of emotional and physical harm if the children were returned to the father.

The children were placed with the mother on an interim basis, and the father was granted supervised access subject to strict conditions.