3 total
The court ordered temporary child support and supervised parenting time following domestic violence concerns.
The applicant brought two motions for interlocutory relief seeking further financial disclosure, prospective and retroactive child support, s.7 expenses, and suspension of the respondent's parenting time.
The court ordered the respondent to provide forthwith the requested financial disclosure and to pay prospective child support based on an imputed income of $94,123.
Retroactive child support and s.7 expenses were deferred to trial due to unresolved factual issues.
The respondent's parenting time was reinstated on a supervised basis, with existing conditions regarding alcohol consumption maintained.
Costs were awarded to the applicant on a partial indemnity basis, reduced from the amount requested.
Father's appeal of summary judgment granting custody of children to maternal aunt dismissed.
The appellant father appealed a summary judgment order finding his two children in need of protection and placing them in the custody of their maternal aunt.
The father argued ineffective assistance of counsel, procedural unfairness, and errors in fact-finding regarding his sobriety and history of domestic violence.
The Divisional Court dismissed the appeal, finding that the ineffective assistance claim failed because former counsel was not given notice, there was no procedural unfairness, and the motion judge's factual findings were supported by the evidence and free of palpable and overriding error.
The court held that the children required stability and permanency, which the current custodial arrangement provided.
The court found the father's motion to prevent the proposed relocation of the children urgent.
The respondent father brought an urgent motion during the COVID-19 court suspension seeking validation of email service and an order preventing the applicant mother from moving the children outside St. Catharines.
The court, acting as Triage Judge, made a preliminary determination that the matter was urgent, citing the mother's stated intention to move the children to Kingston in April or May 2020.
The court validated service by email and set a deadline for the mother to file responding materials, referring the motion to another judge for a full hearing.
