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Mother's motion for stay of parenting reversal and contempt orders dismissed due to deliberate non-compliance.
The appellant mother sought to stay three temporary orders pending appeal: an order for graduated unsupervised parenting time for the respondent father, a finding of contempt against her for disobeying the parenting time orders, and a penalty order temporarily reversing primary parenting to the father.
The motion judge found that the mother had deliberately and continuously thwarted the father's court-ordered unsupervised parenting time based on unsubstantiated beliefs that the father posed a sexual risk to the child, despite investigations and an expert assessment finding no such risk.
Applying the RJR-MacDonald test, the court dismissed the motion for a stay, finding that the mother's appeal appeared weak, and that the balance of convenience and the child's best interests favored allowing the father an opportunity to build a relationship with the child.
