Luke Weiler

The applicant, maternal grandmother, sought sole decision-making responsibility, primary residence, and child support for the child, whose mother had abandoned her parenting role.

The respondent father sought primary residence and sole decision-making, proposing supervised parenting time for the grandmother.

The court granted the grandmother sole decision-making responsibility and primary residence, finding her plan provided stability and was in the child's best interests, particularly given the father's uninformed decisions regarding the child's medical and educational needs and his intentional under-employment.

The father's parenting time was restricted to daytime to ensure the child's medication compliance and avoid conflict.

Child support was imputed to the father at a full-time minimum wage.

This is a costs decision following a motion to change custody and access arrangements for a child.

The applicant sought variation of a joint custody order and sole custody, along with a defined access schedule.

The applicant was substantially successful, obtaining 11 of 12 requested relief items.

The respondent acted unreasonably throughout the proceedings, including non-compliance with court orders, refusal to pay child support, and abusive conduct.

The court awarded costs to the applicant as the successful party, considering the respondent's egregious behaviour and the need to sanction inappropriate litigation conduct.

The applicant sought to vary a 2016 consent order regarding custody and access of a four-year-old child.

The applicant sought a fixed access schedule for the respondent, arguing that the existing flexible arrangement based on the respondent's work schedule had become unworkable due to ongoing parental conflict and the child's entry into school.

The respondent opposed the variation and sought a 50:50 parenting arrangement.

The court found a material change in circumstances based on escalating conflict between the parties, the child's school attendance, and the respondent's non-compliance with the existing order.

The court granted the applicant's request for a structured access schedule with alternate weekends and midweek access, rejecting the respondent's proposal for equal parenting time due to the high level of conflict and the respondent's demonstrated inability to cooperate.

The applicant child welfare agency brought a motion for summary judgment in a child protection application concerning twin infants born prematurely and testing positive for amphetamine and methamphetamine at birth.

The parents did not respond to the motion.

The court found a prima facie case of risk based on the mother's untreated addiction history and the father's inadequate addiction treatment.

The court granted an order for extended society care (Crown wardship) with placement in a kinship home.

The court declined to grant access to the parents, finding that while the parents demonstrated warmth and affection during supervised visits, the unresolved addiction issues and lack of meaningful progress toward rehabilitation made ongoing access not in the children's best interests.

A family law trial concerning custody and access of an 11-year-old child following the separation of the parents.

The parties agreed to joint custody but disputed primary residence.

The father sought primary residence, citing the mother's interference with access and her night-shift work schedule.

The mother sought to maintain primary residence, relying on the status quo and her historical role as primary caregiver.

The court granted primary residence to the father, finding that despite the mother's long-standing caregiving role, the child's consistent preference to live with his father, the mother's deliberate obstruction of access, and concerns regarding the child's academic performance and safety while the mother worked nights warranted a change from the status quo.

The court emphasized the importance of the child's voice and applied "Katelynn's Principle" in considering the child's mature and thoughtful views.