On a motion to change a prior final family order, the court found a material change in circumstances for both children under s. 17 of the Divorce Act.
The evidence established serious communication failures, repeated breaches of court orders, interference with the mother’s relationship with one child, and denial or minimization by the father of the other child’s ADHD and treatment needs.
Joint custody was rejected under the governing communication principles, sole custody of both children was granted to the mother, and the father was subjected to a temporary no-contact regime outside counselling pending review.
The father’s claim for retroactive and immediate child support adjustment was refused for lack of entitlement and insufficient financial evidence.
