Lisa Triano

The responding parent brought a motion to vary an existing parenting order to obtain equal parenting time with the parties’ children.

The other parent opposed the motion on the basis that no material change in circumstances had occurred and that the proposed arrangement was not in the children’s best interests.

The court held that the evidence largely repeated the material filed on the original motion and did not establish a material change affecting the children.

The moving parent had also failed to exercise a number of scheduled access visits under the existing order.

The court concluded that the motion amounted to a thinly disguised appeal of the prior order and dismissed the motion to change, leaving the issue of equal parenting time to be determined at the upcoming trial.

Following a motion to change a child support order, the court addressed the issue of costs.

The moving party had been successful in obtaining an order requiring the responding party to pay full table child support due to a reduction in parenting time exercised by the responding party, though she was unsuccessful on other arguments including the characterization of the prior order and certain claimed s. 7 expenses.

Applying Rules 18 and 24 of the Family Law Rules, the court assessed success, reasonableness of the parties’ positions, offers to settle, and the time reasonably attributable to the motion.

The court found that while both parties advanced some unreasonable positions, neither acted in bad faith.

Considering partial success and proportionality, the court awarded reduced costs to the moving party.

The applicant brought a motion to change a prior final order relating to child support and special expenses for three children.

The previous order required the respondent to pay 80% of the Child Support Guidelines table amount based on an expectation of extensive parenting time.

The court found a material change in circumstances because the respondent was exercising significantly less access than contemplated when the reduced support level was agreed upon.

Full table child support was ordered effective November 1, 2011 with further adjustment based on updated income figures.

Only limited section 7 expenses were allowed, including tutoring and orthodontic expenses, while most extracurricular activities were found not to qualify as extraordinary given the level of table support.