The respondent father brought a motion to vary an interim access schedule and restrict the applicant mother from moving the children out of their school catchment area.
The applicant brought a cross-motion seeking interim sole custody, additional access terms, imputed income for child support, and the pre-trial sale of the matrimonial home.
The court dismissed the respondent's motion, finding no material change in circumstances.
The court granted the applicant's cross-motion, awarding her interim sole custody due to the parties' inability to communicate effectively.
The court also imputed an income of $30,000 to the respondent due to intentional under-employment, ordered the pre-trial sale of the matrimonial home under the Partition Act, and granted the requested access terms and procedural relief.