Noel Da Silva

The applicant mother sought to vary an interim consent order for week-about residency of the children, requesting sole custody and supervised access for the respondent father, citing concerns about his opiate use and inability to co-parent.

She also sought spousal support and child support determinations, medical benefits, and distribution of matrimonial home proceeds.

The court dismissed the mother's motion to vary the parenting schedule, finding no material change in circumstances or compelling evidence to disturb the status quo.

The court imputed the father's income at $50,000 and the mother's at $96,913, ordering the mother to pay the father $679 per month in set-off child support and $300 per month in spousal support.

Other financial issues, including retroactive support and expense reimbursements, were reserved for trial.

The applicant mother brought a motion to enforce unsigned minutes of settlement that were negotiated to vary a 2008 separation agreement.

The respondent father refused to sign the minutes after his renovation business failed, arguing a material change in circumstances and an unresolved issue regarding the child's allergies.

The court found that no final agreement was reached and declined to enforce the draft minutes, applying the Nigris factors.

Instead, the court varied the child support obligations based on the father's reduced imputed income and established a comprehensive access and holiday schedule.