M. Young

On a temporary parenting motion, the moving party sought a graduated parenting-time order and related communication and counselling relief after a breakdown in parent-child contact following separation.

The responding party and the child’s counsel opposed compelled parenting time and asked that the child’s preferences govern contact.

Applying the best-interests framework under the Divorce Act and the Children’s Law Reform Act, the court declined to force parenting time immediately but imposed interim conduct, communication, and information-sharing terms designed to support eventual reconnection.

The order was made without prejudice and the motion was adjourned for review, with leave to vary without proving a material change if progress is insufficient.

No costs were ordered due to mixed success.

The applicant wife brought a motion for the interim sale of the jointly-owned matrimonial home.

The respondent husband opposed the sale and brought a cross-motion seeking to have the applicant's interest transferred to him or to be granted exclusive possession.

The court applied the principles for partition and sale in family law cases, finding the applicant had a prima facie right to sale and the respondent failed to show his family law claims would be unfairly prejudiced.

The court noted it lacked jurisdiction to compel one joint tenant to sell to the other.

The motion for sale was granted, with each party to receive 25% of the net proceeds and the balance held in trust pending trial.

The respondent mother brought a motion for a temporary order permitting her to relocate with the children from North Bay to Ottawa and to arrange a psychoeducational assessment for the youngest child without the applicant father's consent.

The court dismissed the motion, finding that the proposed relocation would be highly disruptive to the established status quo and that the mother had not met the test for an interim move.

The court also declined to order the psychoeducational assessment as there was no formal recommendation and the child's school did not believe it was necessary.