Ms. C. Haber

The applicant father sought unsupervised parenting time, which the respondent mother opposed, proposing alcohol monitoring via Soberlink.

The court denied the request for fully unsupervised time due to insufficient consistent parenting time under the previous supervised order.

Instead, it issued a temporary order replacing supervision with mandatory Soberlink alcohol testing for the father during parenting time, with the costs of the device and testing to be equally shared between the parties.

The Respondent Father brought an urgent motion seeking an order to change the child's primary residence to his care, citing two instances where the child left the Applicant Mother's home.

The Applicant Mother brought a cross-motion for therapeutic reconciliation and other relief.

The court, operating under COVID-19 restrictions, first determined the urgency of the motions.

The court struck three exhibits from the Applicant's affidavit for being unhelpful, unreliable, or improper.

Ultimately, the court found that urgency had not been established for either motion, as the child was not at risk and the incidents had been resolved.

Both the Respondent's motion and the Applicant's cross-motion were dismissed, maintaining the status quo.

The court also provided directions for the parties to bring a future "Motion in Writing" to determine professional assistance for custody and access issues.