L. C. Bale

The respondent father brought a motion to enroll the parties' four-year-old child in a public school in Dundas, Ontario, while the applicant mother brought a cross-motion to enroll the child in Jarvis, Ontario.

The parties shared equal parenting time under a temporary order, but lived an hour apart.

The court applied the best interests of the child test, focusing on stability and the child's status quo.

Finding that the child's ordinary residence had historically been Dundas and that the father's plan offered more stability with fewer unsettling features, the court granted the father's motion and ordered the child enrolled in Dundas.

The respondent mother brought a motion to strike the applicant father's pleadings for failure to disclose, and sought orders restricting his access and communication.

The applicant father brought a cross-motion seeking unsupervised and expanded access to their 15-month-old child.

The court dismissed the motion to strike as disclosure was largely provided.

The court ordered ongoing drug testing for the father, moved access exchanges to a neutral location with strict non-contact rules, and restricted communication between the parties to a journal.

The court granted the father expanded access on a graduated schedule, but ordered that his overnight access remain supervised by paternal family members due to concerns regarding past drug use.