4 total
The Court of Appeal dismissed a father's motion to vary a parenting order, finding no material change in circumstances due to an ongoing risk of wrongful removal.
The Court of Appeal for Ontario dismissed Adan McIntosh’s appeal from the dismissal of his motion to vary a parenting order.
The court found no material change in circumstances warranting a variation, emphasizing the ongoing risk of wrongful removal of the children to Australia and Mr. McIntosh’s failure to pay support and costs.
The court also addressed the children’s preferences, the financial and emotional impact of the litigation on Ms. Kim, and the principles governing variation of parenting orders.
The court declined to award costs to a successful moving party in a child protection proceeding, finding the respondents acted reasonably.
This is a costs decision in a child protection proceeding under Part V of the Child, Youth and Family Services Act, 2017.
The maternal grandmother sought costs of $16,528.92 against the father and paternal uncle following a successful motion to terminate the paternal uncle's overnight access to the children and restrict him to day access only.
The court dismissed the motion for costs, finding that although the maternal grandmother was successful on the motion, the circumstances of a child protection proceeding warranted no costs award.
The court held that parents should be entitled to vigorously defend themselves in child protection proceedings without fear of cost sanctions, and that costs should only be awarded in rare and exceptional circumstances.
Temporary access order varied to remove overnight access due to breaches of supervision conditions.
The maternal grandmother, who had custody of two young children, brought a motion to vary a temporary access order to change the paternal uncle's access from overnight to day access only.
The motion was supported by the Children's Aid Society and opposed by the paternal uncle and the father.
The maternal grandmother alleged that the paternal uncle breached the access conditions by allowing the father, who had substance abuse issues, to stay overnight and have unsupervised access.
The court found that the maternal grandmother met the onus of proving a change in circumstances, relying on the children's statements and a private investigator's report, and concluded that overnight access with the paternal uncle was no longer in the children's best interests.
The motion was granted.
The court ordered retroactive and escalating prospective child support for a newly self-employed lawyer.
The court determined child support obligations for two children (ages 7 and 9) following the separation of parents who were born in Bangladesh and married in 2006.
The mother sought table amount support under the Child Support Guidelines and section 7 expenses.
The father, who had recently completed law school and was working as a sole practitioner, disputed the income calculations and sought credit for alleged overpayments made during earlier periods.
The court analyzed four distinct time periods with different employment circumstances and made a final order establishing arrears and ongoing support obligations with escalating amounts based on imputed income projections.
