Natalia Crowe

This Ontario Court of Justice decision addresses a motion concerning parenting time between J.N. (Father) and A.H. (Mother) for their toddler child born in 2023.

The court considered the best interests of the child under the Children's Law Reform Act, focusing on parenting time allocation amidst allegations of family violence and criminal charges against both parents.

The Father sought progressively increasing unsupervised parenting time, supported by supervised visits through Aboriginal Legal Services.

The court emphasized the child’s cultural heritage, the importance of both parents’ involvement, and the need for a conflict-free environment.

The decision orders a staged increase in parenting time with conditions including no hair cutting by the Father, virtual home inspection by Aboriginal Legal Services, and child-focused communication between parents.

A temporary motion concerning parenting arrangements and relocation of a child.

The applicant, the child's step-grandmother, sought custody and permission to relocate with the child from Toronto to Fonthill, Ontario.

The respondent, the child's biological mother, opposed the relocation and sought expanded access.

The court granted the applicant temporary custody and permission to relocate, finding that the applicant had provided stable care for two years and that the move would not necessarily disrupt the mother's relationship with the child.

The court ordered supervised parenting time for the mother with specific access arrangements adapted to the new location.

The applicant mother sought to increase child support from $311 monthly to $650 monthly based on an imputed income of $71,300 for the respondent father, a self-employed contractor.

The respondent opposed the increase and argued his income was accurately reflected in his tax returns.

The court found that the respondent had unreported income based on discrepancies between bank deposits and reported gross income, as well as evidence of debt repayment inconsistent with his claimed income.

The court imputed annual income of $71,114 to the respondent and ordered child support of $648 monthly commencing April 1, 2015, with arrears to be paid at $100 monthly.