M. McLaren

The parties separated in 2004 and signed a separation agreement in 2005.

The applicant mother sought retroactive child support back to 2006, arguing the agreement required the respondent father to pay the full table amount for all three children until the youngest completed post-secondary education, regardless of where the children lived.

The respondent argued the agreement allowed support to be adjusted based on the Federal Child Support Guidelines and the children's actual residency, which had shifted primarily to him.

The court found the agreement ambiguous but interpreted it to allow adjustments based on the Guidelines.

The court declined to order retroactive support back to 2006, finding no blameworthy conduct by the respondent, and limited the retroactive adjustment to January 1, 2017.

The court also imputed an income of $15,000 to the applicant and ordered the respondent to continue providing a vehicle to the applicant until the youngest child completes post-secondary education.

The parties engaged in a high-conflict family law trial primarily concerning the custody and access of their two children.

The applicant mother sought sole custody, alleging the children were alienated from the respondent father and his new wife.

The respondent father sought sole custody, alleging the mother was alienating the children from him.

The court found both parties contributed to the conflict but determined the mother's evidence lacked credibility on several substantive issues.

The court awarded custody to the father with an equal timesharing arrangement, finding he was more likely to facilitate contact with the other parent.

The court also ordered ongoing therapeutic intervention to ensure a balanced relationship between the children and both parents, and determined the parties' incomes for child support purposes.