On a motion to change a 2011 consent order governing custody, residence, and child support under the Children’s Law Reform Act and Family Law Act, the father alleged the mother acted in bad faith by interfering with his relationship with the children and sought sole custody with primary residence in Ontario.
The children had moved with the mother to California pursuant to the consent order while Ontario retained jurisdiction.
After an eight‑day trial, the court found no bad faith by the mother and concluded the father failed to establish that transferring the children’s residence was in their best interests.
However, material changes in circumstances justified revisiting decision‑making authority and financial arrangements.
The court awarded the mother sole custody while maintaining the existing residence and access schedule, reduced the father’s table child support based on income excluding certain capital gains, and imposed limits on section 7 expenses.
