L. Simeone

The mother brought an urgent motion for access and shared residency of the parties' 10-year-old daughter following their separation.

The mother had limited access to the child since leaving the matrimonial home, and alleged the father was alienating the child.

The father alleged the mother had substance abuse issues and that the child did not feel safe alone with her.

The court found the matter urgent and, noting no safety concerns justifying the mother's exclusion, ordered a graduated access schedule leading to overnight visits, while prohibiting both parents from using marijuana or non-prescription drugs while caring for the child.

The applicant and respondent separated in 2012 and have two children.

The applicant sought ongoing child support and section 7 expenses.

The respondent, a skilled carpenter, lost his job in 2015 and claimed to be unable to work due to mental health issues, but failed to provide court-ordered medical or financial disclosure.

The court applied the framework from Drygala v. Pauli and imputed an annual income of $60,000 to the respondent, finding he was capable of earning a full-time carpenter's salary.

The court ordered the respondent to pay table child support and his proportionate share of section 7 expenses based on the imputed income, and awarded costs to the applicant.