Nicola S. Munro

This decision addresses motions by both the applicant mother and respondent father for temporary orders concerning their child, Jaylan.

The mother sought exclusive decision-making responsibility (DMR) and supervised parenting time, while the father sought week-about parenting time and Office of the Children's Lawyer (OCL) involvement.

The court declined to grant temporary DMR to either parent, finding both immature.

OCL involvement was also declined at this stage due to lack of evidence and potential delay.

The court ordered supervised parenting time for the father, including twice weekly at the Sudbury Supervised Access Centre and once monthly with overnights at the maternal grandmother's home, supervised by the grandmother.

The child's primary residence was ordered to remain with the mother.

The court also highlighted significant procedural irregularities by both parties and their counsel, including improper filing and prohibited disclosure of settlement conference discussions.

The applicant father brought a motion seeking an interim order to change the primary residence of the child, Jacob (age 8), from the mother in Ottawa back to him in Sudbury.

An earlier consent order allowed the mother to relocate to Ottawa for a 12-month clinical placement, with a review upon its completion or discontinuance.

The mother's university program was discontinued, but she remained in Ottawa without disclosing this to the father.

The court found sufficient material changes in circumstances to review or vary the previous order.

Based on the child's best interests, including the mother's difficulties managing the child's behaviour, her questionable judgments, and the father's stable environment and family support in Sudbury, the court ordered interim decision-making responsibility and primary residence to the father.

The Applicant sought custody, child support, spousal support, and relocation to Nova Scotia.

The Respondent sought joint custody, primary residence in Sudbury, and opposed relocation and spousal support.

The court granted joint custody with primary residence to the Applicant, permitted relocation to Nova Scotia, ordered child support based on imputed income due to the Respondent's questionable financial activities and lack of employment effort, and fixed arrears.

The claim for spousal support was dismissed due to insufficient evidence from the Applicant.

The decision emphasized the child's best interests, the Applicant's role as primary caregiver, and the Respondent's concerning conduct.

The Children's Aid Society of the Districts of Sudbury and Manitoulin brought a motion for judicial leave to withdraw its child protection application concerning the child A. The mother consented, but the father and the child's legal representative (Office of the Children's Lawyer) opposed the withdrawal.

The court considered criteria for granting leave to withdraw, including the parties' consent, reasons for withdrawal, potential prejudice, and whether the case was purely a custody dispute.

The court emphasized the statutory obligation to hold a "finding in need of protection" hearing, noting the significant delay in the case.

The court found that the society's reason for withdrawal (no present protection concern) was insufficient, especially given the father's evidence of ongoing concerns and the child's opposition to reverting to an unworkable domestic custody order.

The court dismissed the society's motion, emphasizing the need for a finding hearing to ensure the child's best interests and proper judicial oversight of child protection proceedings.

A child protection matter under Part III of the Child and Family Services Act concerning the custody placement of a 12-year-old Aboriginal child.

The Children's Aid Society sought a section 57.1 custody order placing the child with her maternal aunt and uncle in a different community to facilitate proximity to her mother and cultural connection.

The father and paternal grandmother opposed this, seeking to maintain the child's existing placement with the grandmother.

The court found that while cultural preservation is important, the child's clearly expressed wishes, continuity of care, and existing secure family relationships outweighed the cultural considerations.

The court ordered the child remain in the custody of the paternal grandmother with structured access to the mother and extended family.

The respondent brought a motion for interim spousal support following a separation.

The court found that the financial information provided by both parties was outdated and insufficient to make a determination.

The motion was not decided, and the parties were ordered to provide updated financial statements, year-to-date earnings, and particulars regarding a live-in boyfriend's income and contributions for a further hearing.

The father appealed and the Children's Aid Society cross-appealed a motion judge's decision on a summary judgment motion for Crown Wardship.

The motion judge had found a triable issue regarding the mother but effectively granted summary judgment against the father, limiting his participation at trial.

On appeal, the Superior Court found the motion judge erred in law by failing to properly apply the summary judgment test, instead dismissing the motion to give the mother a 'last chance' to improve her parenting.

The court allowed the Society's cross-appeal, set aside the motion judge's decision, and granted summary judgment for Crown Wardship without access to either parent.

The parties could not agree on a summer access schedule for their three children.

The father, a school teacher, proposed a week-about schedule where he would care for the children instead of sending them to daycare, while still paying the daycare costs to hold their spots.

The mother objected, arguing the children needed the daycare routine and activities.

The court found that the parents were putting their wishes above the children's best interests and that the father was capable of providing care and education.

The court ordered a week-about summer access schedule to commence immediately.