Melvyn Lubek

The respondent brought a motion to change a child support order dated July 10, 1996, which required him to pay $200.00 per month for the support of his son.

The issue was limited to determining when the child became ineligible for support.

The respondent argued the child ceased to be eligible in November 2006 when he was 16 years old, had moved out, was not in full-time school, and had withdrawn from parental control.

The applicant contended the child remained in her care until 2008 when he turned 18 and was not in full-time school.

The court found the evidence inconclusive but determined the child had not withdrawn from parental control prior to age 18.

However, the court concluded that by spring 2008, when the applicant moved out of her home, the child was either not living with his mother or not attending school full-time, making him ineligible for support.

The applicant, D.B., sought sole custody of his child, A.W.-B., born July 2010, under the Children's Law Reform Act.

The child had been apprehended by the Children's Aid Society of the Region of Peel following unexplained serious injuries in October 2010.

Following comprehensive Pathways assessments in summer 2011, the child was placed in D.B.'s care under society supervision.

The respondent, J.W., the child's mother, failed to file responding material and was noted in default.

The court granted sole custody to D.B. based on his demonstrated parenting ability, the respondent's inadequate parenting capacity as identified in the Pathways assessment, and her irregular access attendance.

The respondent was ordered to provide financial disclosure for determination of child support and special expenses contributions at a future return date.