The parties, divorced nine years ago, continue to experience significant conflict over parenting arrangements, particularly regarding their son's international travel.
The respondent brought a motion seeking a declaration that the applicant breached a 2015 court order by taking their son to New York without his consent, causing him to miss school.
The applicant brought a cross-motion for the passport's return and to restrict the respondent from bringing further motions without leave.
The court found the applicant breached the order by removing the child from school without the respondent's prior consent.
However, the court dismissed the respondent's request for a $2500 payment, clarifying that "costs" under Rule 1(8)(a) of the Family Law Rules refers to legal fees and disbursements, not a penalty.
The applicant's cross-motion was also dismissed, as there was no material change in circumstances to vary the passport custody order and restricting the respondent's access to court was deemed an exceptional remedy not warranted here.