Rachael Rohr

This motion to change involved a father's request to vary a final order regarding child support and parenting time, and the mother's cross-motion to strike the father's pleadings and bar future motions due to non-compliance with prior orders.

The court dismissed the father's request to set aside the child support and costs order, citing his repeated non-disclosure and non-compliance.

However, the court stayed his motion to change child support, imposing conditions for lifting the stay, including payment towards outstanding costs.

The court set aside the suspension of the father's parenting time, finding it was made without proper notice, and ordered temporary supervised parenting time, emphasizing the child's right to a relationship with both parents despite serious criminal charges against the father.

The applicant father sought the return of the children to Ontario after the respondent mother unilaterally relocated them to Alberta.

The court determined that Ontario retained jurisdiction as the children's habitual residence had not changed due to the mother's unilateral move and the father's lack of consent or undue delay.

Despite the mother's failure to provide proper notice of relocation, the court, focusing on the children's best interests, permitted the children to remain with the mother in Alberta on a temporary basis, citing the benefits of immediate access to special needs services and the family's newfound stability there.

The court ordered the mother to provide the father with residential and contact information and professional contacts for the children, and for the father to have virtual visits, with further in-person parenting time to be conferenced.