Mary Margaret Cybulski

The applicant mother brought a motion to relocate with her three-year-old daughter from Ottawa to the Greater Toronto Area (GTA).

The mother sought to move for new employment, to marry her boyfriend, and to access her family support network, as she had no family support in Ottawa.

The respondent father opposed the move, arguing it was not in the child's best interests and would reduce his contact.

The court applied the two-stage test from *Gordon v. Goertz*, finding a material change in circumstances.

Considering the mother's role as the child's primary caregiver, the father's history of frequently cancelled access visits due to work commitments, the mother's legitimate reasons for moving, and the minimal disruption to the child due to her young age (not yet in kindergarten), the court granted the mother's motion to relocate.

In a family law motion arising from separation after a long marriage with four children, the applicant sought interim custody, exclusive possession of the matrimonial home, spousal and child support, interim disbursements, and other relief.

The parties had entered a marriage contract waiving spousal support, but the court found that circumstances since the contract—particularly the birth of four children and the applicant’s extended absence from the workforce as primary caregiver—rendered the waiver inapplicable for interim purposes.

Applying Miglin principles, the court held the spousal support waiver invalid with respect to interim support and ordered monthly interim spousal support.

The court also granted the applicant interim custody, established access for the respondent, ordered child support based on an income of $250,000, granted exclusive possession of the matrimonial home to the applicant, and ordered interim funds for legal and valuation expenses.

Following a three‑day family law trial, the applicant sought substantial indemnity costs of $5,560.11 relying on success at trial, alleged reasonableness, and a prior offer to settle.

The court held that success at trial had been divided and that both parties had behaved unreasonably in aspects of the litigation, including disclosure issues.

The purported offer to settle was found invalid under Rule 18 of the Family Law Rules because it lacked the party’s signature and contained vague, unenforceable terms regarding child support.

The court also found the offer would have been unreasonable in any event due to missing financial disclosure.

In the circumstances, the court declined to award costs to either party.

The responding parent brought a motion to change a prior consent order granting joint custody with primary residence to him and weekend access to the other parent.

He sought sole custody, while the other parent sought equal time and continuation of joint custody.

The court held that no material change in circumstances had been established with respect to custody under the Children’s Law Reform Act, and therefore declined to vary the joint custody order.

However, the court found a material change regarding access and concluded that the child’s best interests required a simpler and more balanced parenting schedule to reduce parental conflict.

Access was varied to an alternating week‑on/week‑off schedule with detailed parenting provisions and revised child support.

The moving party sought a reduction of substantial spousal support arrears and a decrease in ongoing support obligations following a long-term marriage.

He relied on fluctuating income, health issues, and employment changes as a material change in circumstances and proposed reduced arrears and lower monthly support.

The responding party opposed the motion, citing the moving party’s history of non-disclosure, failure to comply with court orders including life insurance and medical coverage, and prior unsuccessful variation attempts.

The court found no material change in circumstances and determined that rescinding arrears would be unjust given the moving party’s repeated non‑compliance.

The motion to reduce arrears and ongoing support was dismissed.