On a temporary family law motion, the applicant sought sole temporary custody, a modified parenting schedule, child support, and a determination that income should not be imputed to her.
The court held that the parties' separation agreement clearly provided for joint custody and shared residence, and declined under s. 56(1) of the Family Law Act to disregard that arrangement because the evidentiary record did not establish that joint custody or the existing four day rotating schedule was contrary to the children's best interests.
The court found both households stable, found the children had adjusted well to the status quo, and ordered the involvement of the Office of the Children's Lawyer.
The court further found the applicant intentionally underemployed, imputed income to her at full-time earnings, ordered no child support, and directed equal sharing of qualifying s. 7 expenses.
