Mark Skikavich

This case concerns a dispute over parenting time for a child with complex special needs.

The applicant mother sought discretionary parenting time for the respondent father, citing his history of abusive communications, lack of insight into his behavior, and failure to engage with the child's professional supports.

The father sought a specified, graduated parenting schedule.

The Ontario Court of Justice, prioritizing the child's best interests, found the father's conduct constituted family violence, including cyber-bullying, and demonstrated an inability to cooperate or meet the child's needs for stability and a calm environment.

The court dismissed the father's request and ordered that his parenting time be at the mother's discretion, contingent on the child's wishes and needs, and outlined steps the father must take for future consideration of a specified schedule.

The parties separated after immigrating to Canada from Iraq.

The court determined the date of separation to be April 7, 2016, when the respondent left the matrimonial home.

The court found the respondent was unjustly enriched after he dissipated $222,229.29 from a joint line of credit by sending it to his brother in Iraq, and ordered restitution.

The court maintained the existing custody and child support orders, calculated support arrears, and denied the respondent's request to travel with the children to Iraq due to the risk of abduction.

The respondent's claim for occupation rent was dismissed, and the applicant was awarded costs on a substantial indemnity scale.