The respondent father brought a motion for summary judgment seeking a week-about parenting arrangement for his four children.
The court found a material change in circumstances due to the children's maturation and their expressed preferences for equal parenting time.
Summary judgment was granted for the three older children (aged 17, 15, and 13) to commence an alternating weekly parenting schedule, giving significant weight to their consistent views and the importance of maintaining sibling relationships.
However, for the youngest child (aged 7) who has ADD and expressed ambivalent views, the court determined that a genuine issue of material fact existed regarding his best interests, requiring a trial to resolve his parenting schedule.
