ONTARIO COURT OF JUSTICE
BETWEEN:
Gabrielle L. Bouilliere-Howard Applicant
— AND —
Michael Bowen Respondent
Before Justice Joanne Beasley
Heard on January 26, 27, 28 and 30, 2026
Reasons for Judgment released on March 9, 2026
Howard Staats counsel for the applicant
Gloria Antwi counsel for the respondent
1Michael and Gabrielle are the parents of Hudson Bowen born on [...], 2021. They began their relationship in 2020, moved in together in April 2021 and separated in June 2022. Hudson is 4 years old. After the separation, each parent entered a new relationship. Michael has been with his current partner, Karolina, since August 2022 and has two younger children with her. Gabrielle has been with her current partner, Ian, since January 2024 and has one younger child with him.
2The trial evidence consisted of affidavit evidence in chief with cross-examination.
Issues
3The issues to be determined are:
(1) What parenting schedule is in Hudson’s best interests?
(2) What holiday schedule is in Hudson’s best interests?
(3) How should decisions be made for Hudson?
(4) Who should hold Hudson’s identification?
(5) What child support should be paid for Hudson?
Procedural History
4Gabrielle commenced the court proceeding by filing her Application on August 23, 2023.
5The parties attended their First Appearance in November 2023.
6Michael completed and signed his Answer and supporting materials in December 2023.
7A Case Conference was held in February 2024, at which both parties were ordered to provide additional financial disclosure.
8Throughout 2023 and 2024, issues arose regarding the timeliness and completeness of both parties' financial disclosure.
9At the February 2024 Case Conference, Gabrielle was ordered to produce her commission and tip records.
10The parties attended questioning in April 2024.
11From June through August 2024, the parties returned to court for several appearances concerning outstanding undertakings, refusals, and disclosure compliance.
12Michael provided partial disclosure while self-represented and later delivered more extensive disclosure after retaining new counsel in March 2025.
13Michael prepared two unsworn Financial Statements in February 2025 and subsequently updated his sworn Financial Statements in August 2025.
14A Settlement Conference occurred in February 2025, resulting in a costs order against Michael.
15Gabrielle served a Motion to strike Michael's pleadings shortly after that conference.
16Michael retained new counsel in March 2025.
17Michael paid multiple cost orders arising from disclosure issues in March and April 2025.
18The Motion to Strike was withdrawn by Gabrielle in April 2025 and Michael was ordered to pay further costs.
19A Trial Management Conference was held in June 2025, and Michael was permitted to bring a motion addressing outstanding disclosure from Gabrielle. Three motion attendances occurred in November and December 2025 regarding Gabrielle’s disclosure.
20Michael swore his Trial Affidavit in September 2025 and an update on January 20, 2026 focussing on income issues.
21During the trial, the issue of retroactive support from the date of separation until January 31, 2026, was withdrawn.
Mother's Position
22Gabrielle seeks sole decision-making responsibility and primary residence for Hudson. Her proposal for Michael’s parenting time is alternate weekends from Friday at 8:00 a.m. until Tuesday at 8:00 a.m. and every Wednesday from 5:00 p.m. to 7:30 p.m.. She says this schedule is necessary to give Hudson stability and routine, especially as he has started school. She also raises concerns about Michael’s behaviour during their relationship, which she characterizes as controlling, and says she ended up assuming the greater share of care both during and after the relationship. She expresses concern that Michael’s current household is less stable, that his partner carries much of the caregiving role while the father works, and that Michael’s relationship history and work schedule contribute to unpredictability for Hudson. The mother says Hudson needs one main home base during the school year to support his development. She also seeks table child support, benefits and insurance provisions.
23Gabrielle would like to retain possession of Hudson’s government identification.
24Gabrielle asserts that the current shared parenting schedule for Hudson where he in his father’s care every weekend from Friday morning to Monday or Tuesday morning and with her during the week was the result of relentless pressure by Michael. She contends that the schedule is not in Hudson’s best interests.
25Gabrielle asserts that it is unfair to Hudson that she is the midweek parent who has the responsibility of most school days and that Michael can be the fun parent as he has all of the weekend time. She is the routine parent.
26Gabrielle is a server and bartender at Montana’s. She has T4 income and earns tips. She accepts that her income should be imputed at $50,000. Her support obligation would be $461 per month, if shared parenting continued.
27Gabrielle asserts that Michael’s income should be set at $ 135,000 on a go-forward basis. His child support obligation would be $1,217.00 per month.
Father’s Position
28Michael seeks joint decision‑making responsibility and a continuation of equal shared parenting time. He proposes that the schedule change to a “5-5-2-2- schedule: that Hudson would be in his mother’s care on Monday through Wednesday of each week, in his father’s care from Wednesday to Friday of each week, and weekends would be alternated. He asserts that this would balance weekdays and weekends between homes and supports Hudson’s stability. Michael says Hudson has always done well under an equal‑time arrangement and continues to thrive with strong relationships on both sides of his family. He disputes Gabrielle’s concerns about his behaviour, the stability of his home, or the role of his partner in Hudson’s care. He says he has been consistently engaged in Hudson’s daily routine and has structured his work hours to accommodate the existing parenting schedule.
29Michael seeks an order for joint decision-making. He asserts that Gabrielle has sometimes acted unilaterally on decisions such as school enrolment, travel, and medical appointments, and he expresses concern that moving away from joint decision‑making would not serve Hudson’s best interests. In his Answer, he sought joint decision-making responsibility with him having the final say. At trial he sought an order that a Parenting Coordinator be engaged by the parties.
30On child support, he seeks an order that neither party pay child support to the other. He asserts that Gabrielle’s income should be imputed and that offset child support would result in a nominal child support payment. In his Answer he sought an order for offset child support based on an imputed income of $60,000 to Gabrielle and his 2022 income.
31Michael seeks an order imputing income to Gabrielle of $81,796, representing $23,528 declared T4 income, $36,600 undeclared tip income from credit card and debit card customers and $ 5,000 undeclared tip income from cash customers with all of the tip income grossed up.
32He asks for an order with specific day to day tracking of her tip income by Gabrielle with quarterly disclosure to Michael on a go forward basis.
33Michael owns and operates Bowen’s Contracting Agency. He started this company in 2022. It earned nominal income in 2022 and has steadily grown. Until January 2025, the business included an auto detailing service. Now, it only involves contracting out his services for airplane maintenance.
34Michael seeks orders for identification, travel, relocation, insurance, medical benefits, name change, particulars of when child support shall terminate, etc..
Issue: What parenting schedule is in Hudson’s best interests?
35I find that a shared parenting schedule should continue for Hudson. The 5-5-2-2 parenting schedule will allow Hudson to be in Gabrielle’s care Monday-Tuesday, Michael’s care Wednesday-Thursday, and each parent having alternate weekends.
36After the separation, the parties adopted a shared parenting arrangement, although each provides a different account of the structure and timing of its implementation.
37By late 2022, the parties were following a regular equal‑time rotation. Gabrielle’s 35.1 affidavit indicates that the 50-50 schedule started in November 2022. Her trial evidence indicated it may have been later. I accept that the shared parenting schedule started by November 2022.
38In August 2024, Gabrielle declined Michael's request to take Hudson to the United States for an overnight visit.
39In January 2025, Gabrielle unilaterally enrolled Hudson in Ecole Confederation for school beginning in September 2025. Michael objected to the lack of consultation by Gabrielle about this significant decision.
40In August 2025, the parties reached a mutual agreement that Hudson would attend Ecole Confederation.
41The parenting schedule for Hudson must be determined in accordance with his best interests as set out in the Children’s Law Reform Act. The best interests considerations include:
a) the child's needs, given the child's age and stage of development, such as the child's need for stability
42Hudson has been accustomed to 3 and 4 days with each parent for over 3 years. Hudson is thriving in the shared care of his parents. I find that there should continue to be a shared parenting schedule for Hudson.
b) the nature and strength of the child's relationship with each spouse, each of the child's siblings and grandparents and any other person who plays an important role in the child's life
43Hudson has a positive relationship with both parents and has siblings on both sides of his family.
(c) each spouse's willingness to support the development and maintenance of the child(ren)'s relationship with the other spouse
44Both parents recognize the other parent’s importance in Hudson’s life.
(d) the history of care of the child(ren)
45Hudson is accustomed to a shared parenting schedule.
e) the child(ren)'s views and preferences, giving due weight to the child(ren)'s age and maturity, unless they cannot be ascertained
46Hudson is 4 and his views cannot be ascertained.
f) the child(ren)'s cultural, linguistic, religious and spiritual upbringing and heritage, including Indigenous upbringing and heritage
47Both parents have the ability to share their heritage with Hudson.
(g) any plans for the child(ren)'s care
48Both parents have demonstrated the ability to care for Hudson and ensure school attendance, etc..
(h) the ability and willingness of each person in respect of whom the order would apply to care for and meet the needs of the child(ren)
49I find that both parents have the ability and willingness to understand and meet the needs of Hudson and have done so since at least November 2022 in a shared parenting schedule.
(i) the ability and willingness of each person in respect of whom the order would apply to communicate and cooperate, in particular with one another, on matters affecting the child(ren)
50In recent times, the parents have communicated and cooperated regarding Hudson’s needs. They have navigated the earlier challenges they encountered in 2023 when arrangements for Gabrielle to spend time with Hudson on Mother’s Day did not occur as Michael wanted the change in schedule in writing to specify when Hudson would return to his care and Gabrielle declined to do so. Similar issues arose over time on Hudson’s birthday in 2023. An overnight trip to the U.S. with Hudson for Michael was denied by Gabrielle without an appropriate reason.
51The parents have learned to communicate with each other regarding Hudson’s everyday needs. Gabrielle acted unilaterally in registering Hudson for school for September 2025. To his credit, Michael took time to review school options and agreed with Gabrielle’s choice. A parenting app will be of benefit to the parents as they go forward. Hudson will have more commitments with school and activities, and a joint calendar will be helpful.
j) any family violence and its impact on, among other things, (i) the ability and willingness of any person who engaged in the family violence to care for and meet the needs of the child(ren), and (ii) the appropriateness of making an order that would require persons in respect of whom the order would apply to cooperate on issues affecting the child(ren)
52Gabrielle asserts that Michael was relentless in his request for shared parenting of Hudson at the time of separation and she felt pressured to agree to the 3-4-4-3 schedule. Gabrielle’s trial evidence was that the shared parenting schedule was finally agreed to in February 2023. I find her evidence on this point unreliable. Her 35.1 affidavit indicates that the shared parenting schedule started in November 2022. The parents continued to reside together for a few months after the separation. While I accept that Michael wanted a shared parenting schedule, I find that Gabrielle has exaggerated length of time it was under discussion and the level of conflict. She was off work during the week and Michael was working. The parenting schedule that the parents agreed to maximized their availability for Hudson, while he was not in school.
53I have carefully considered the best interests factors in relation to the evidence and the submissions of the parties. The CLRA best interest factors are not an exhaustive list. The factors are a guide in determining the parenting schedule that meets Hudson’s best interests in a holistic way.
54Hudson has spent extended weekends with his father, either Friday to Monday or Friday to Tuesday each week. Hudson has spent Monday to Friday or Tuesday to Friday in the care of his mother.
55This schedule has worked well for the family until now. Gabrielle works at Montana’s as a bartender/server and most of her shifts are on the weekend. Michael works Monday to Friday. Until Hudson started school the schedule allowed each parent to maximize their available time to be with Hudson.
56The 3-year status quo no longer works for Hudson now that he is in school.
57Gabrielle asserts that it is in Hudson’s best interests to spend Monday to Friday time with her. She asserts that this would provide him with stability.
58Hudson is described as a happy child. He is attached to both of his parents and extended family members. He has done well in a shared parenting schedule. To allow him to continue to have significant parenting time with his both of his parents, the schedule needs to change. Both parents are capable loving parents. Hudson started school in September 2025. Both parents have fulfilled the responsibilities associated with school including transportation to and from.
59Gabrielle has not had weekend time with Hudson. This may have worked for Hudson before he started school. The schedule is no longer in Hudson’s best interests as his midweek time is now spent at school. While she does work on the weekend, Gabrielle is available for parts of each weekend to parent Hudson in the same way that Michael is available to parent Hudson during his work week. Gabrielle has been able to adjust her work schedule to accommodate the parenting schedule in the past. She may not be able to do so in the future without an impact on her income as she currently works 8-12 hour shifts on her non-parenting days.
60Michael proposes a 5-5-2-2 schedule. Hudson is accustomed to 3 and 4 nights away from a parent. The 5-5-2-2 schedule has the benefit of consistent midweek time for each parent, for example Monday-Tuesday with one parent and Wednesday-Thursday with the other and allowing Hudson to spend weekend time with both parents.
61I have considered a 2-2-3 schedule which also allows alternate weekends for Hudson with his parents, but has transitions midweek so that on one week, the child is in the care of a parent on Monday-Tuesday and the next week, the other parent has the Monday-Tuesday time. I find that this could be confusing for Hudson. He is accustomed to 3 and 4-day periods with each of his parents.
62I have also considered the AFCC-Ontario Parenting Plan Guide. The Guide combines knowledge gained from developmental research on the impact of parental separation and divorce on children. The Guide is a helpful resource when creating a parenting plan for children of separated parents as it summarizes the social science research in this area. The Guide is most useful from a lens of the child’s lived experience and their relationship with each parent at the time of the parenting plan analysis.
63Hudson’s lived experience is a shared parenting arrangement where he has spent 3 or 4 days each week with a parent. By all accounts, he has thrived in this arrangement.
64One of the parenting schedules recommended for children ages 6-9 in the AFCC-O Parenting Plan Guide is the 5-5-2-2 schedule. The other schedules are the 2-2-3 or expanded weekend with a midweek overnight or evening time period. Hudson will be 5 in July. I find that the 5-5-2-2 schedule meets his needs to share his time with both of his parents, as he has done so since November 2022. The 5-5-2-2 schedule is one of the recommended schedules for school age children, 6-9 years of age. I find that this is the schedule that will best meet Hudson’s best interests.
65In Tremblay-Chartier v. Blanchette, 2025 ONSC 6273, the Divisional Court considered the AFCC-O Guidelines.
While the AFCC-O Guidelines are not binding law, Ontario courts have accepted the social science behind the Guidelines when making parenting orders in the best interests of young children: Hatab, at para. 61. If a judge departs from the established and widely accepted social science research, reasons are needed to depart from same. None were given in this case.
The AFCC-O Guidelines summarize basic social science knowledge about the effects of parental separation on children, provide suggestions and guidance to help improve communication and cooperation between separated parents, and offer guidance about formulating parenting arrangements that meet the needs of children. The Court’s approach to the AFCC-O Guidelines was summarized by McGee J. in Melbourne v. Melbourne, 2022 ONSC 2299, 72 R.F.L. (8th) 84, starting at para. 19:
19The AFCC Parenting Guidelines were prepared by the Ontario Chapter of the Association of Family and Conciliation Courts (AFCC-Ontario) to assist parents and their professional advisors in specifically developing the best, child-focused, and realistic parenting plans. As set out in its preamble,
This Guide combines knowledge gained from developmental research on the impact of parental separation and divorce on children, with practical insights about the needs of children with parents living apart. This Guide is intended to be used in conjunction with the AFCC-Ontario Parenting Plan Template, which offers suggestions for specific clauses that can be used or adapted for a parenting plan.
20I agree with Justice Chappel in McBennett v. Davis, 2021 ONSC 3610, when she states in paragraph [92]:
The AFCCO-O Guide summarizes basic social science knowledge about the effects of parental separation on children, provides suggestions and guidance to help improve communications and cooperation between separated parents and offers valuable guidance about formulating parenting arrangements that meet the needs of children.
21And as further stated by Justice Kraft in H. v. A., 2022 ONSC 1560 at para. 61:
The parenting plan guide produced by the Association of Family and Conciliation Courts - Ontario ("AFCC-O") has been found by many courts to be of great assistance in determining parenting schedules that are in a child's best interests, depending on the age of the child and his/her developmental stage. While not binding on the courts, the Guide provides a great deal of helpful information and reflects a professional consensus in Ontario about the significant (sic) of current child development research for post-separation. [Emphasis added.]
66The parent beginning parenting time or their designate shall pick up Hudson. Where possible the transitions shall occur at school.
67Michael requested orders specifying that either parent could use before- and after-school care may be used by either parent; consent shall not be unreasonably withheld and that make-up parenting time shall be limited to significant missed time due to illness or accommodation of special occasions. I decline to make these orders. If either parent uses childcare for Hudson, they should advise the other parent through the decision-making process discussed later. The parents should use a child-focused lens when Hudson misses parenting time with either due to illness or significant events on one side of the family.
Issue: What holiday schedule is in Hudson’s best interests?
68Both parties provided draft orders which included holiday parenting schedules.
69Both parents propose an alternate sharing of December 25th and New Years. Hudson will have a shared parenting schedule. I find that the schedule should remain shared during the Christmas school holiday break, with alternating Christmas Day and New Years, with some flexibility regarding the remaining days.
70I will make the following order with respect to the Christmas School Break:
(1) The Christmas School vacation shall be shared by the parents each year with the Applicant Gabrielle Bouilliere-Howard advising the Respondent Michael Bowen of the Christmas school break schedule by November 1 in even-numbered years and with the Respondent Michael Bowen advising the [a of the Christmas school break schedule by November 1 in odd-numbered years and the schedules will include:
(2) In even-numbered years, Hudson shall spend December 24th at noon until December 25th at noon with the Applicant Gabrielle Bouilliere-Howard and January 1 at 2:00 p.m. until January 2 at 2:00 p.m. with the Applicant Gabrielle Bouilliere-Howard;
(3) In odd-numbered years, Hudson shall spend December 24th at noon until December 25th at noon with the Applicant Gabrielle Bouilliere-Howard and January 1 at 2:00 p.m. until January 2 at 2:00 p.m. with the Respondent Michael Bowen;
71For Thanksgiving and Easter weekend, the parent who does not have Hudson in their care, shall advise the other parent at least 30 days in advance that they will have Hudson in their care on Saturday or Monday from 10:00 a.m. until 8:00 p.m..
72Michael asked for Hudson to be in his care on Thanksgiving in odd-numbered years from Sunday at 7:00 a.m. until Tuesday at 7:00 a.m. I find it is in Hudson’s best interests for the alternate weekend schedule to be consistent and that Hudson has 1 day to celebrate Easter or Thanksgiving with the other side of his family. These weekends tend to include family meals and get togethers.
73Gabrielle seeks to alternate Family Day, Canada Day (July 1), Civic Holiday in August, Labour Day in September.
74Michael seeks that Hudson remain with the parent who has him for the weekend on Family Day, Canada Day, Civic Holiday, Labour Day in September.
75I note Canada Day is July 1 and does not necessarily fall on a weekend.
76I will make an order that a parent’s weekend with Hudson shall be extended for 24 hours where Friday or Monday is a holiday or professional development day, other than Thanksgiving and Easter. This means that the 5-5-2-2 schedule will be impacted on Fridays or Mondays when there is an extended weekend. I find that it is in Hudson’s best interest to enjoy the long weekend with the parent who has care of him.
77Gabrielle seeks to alternate March Breaks. I agree that this is appropriate.
78I will make an Order that the Monday to Friday period of March Break shall alternate such that Hudson shall be in the Applicant Gabrielle Bouilliere-Howard’s care in even-numbered years and in Respondent Michael Bowen’s care in odd-numbered years.
79Both parents seek to specify time on Mother’s Day and Father’s Day. Gabrielle suggests 8:00 a.m. to 2:00 p.m.. I will make an order for the full day and allow Hudson to transition at 10:00 a.m.:
(1) On Mother’s Day, Hudson shall be in his mother’s care from 10:00 a.m. Sunday until his return to school on Monday, regardless of the regular parenting schedule.
(2) On Father’s Day, Hudson shall be in his father’s care from 10:00 a.m. Sunday until his return to school on Monday, regardless of the regular parenting schedule.
80I decline to make an order for Halloween. Halloween could be a school day or Hudson’s time on a weekend with a parent. It tends to be a busy day, especially if it is a school day.
81I decline to make orders that would change the parenting schedule for Hudson’s birthday or his parents’ birthdays.
82Both parents shall ensure that Hudson had a phone or video call with the other parent on significant days, such as the child’s birthday or a parents’ birthday.
83Gabrielle did not specify a summer vacation schedule. Michael sought an order that each parent have 2 weeks, consecutive or non-consecutive. I agree.
(1) Summer Break: Each parent shall have two (2) consecutive or non-consecutive seven (7)-day periods of vacation time each year with Hudson pursuant to the following terms: Vacation selection shall be determined by the party with first-choice advising the other party in writing no later than April 1st of each year, and the party with second-choice advising the other party in writing no later than April 15th of each year (ensuring that the parents do not select the first-choice parent’s scheduled vacation weeks). If a 7 day period is chosen, it shall include the parent’s usual weekend.
(2) In odd-numbered years, Gabrielle shall have first choice of the summer vacation time and in even-numbered years, Michael shall have first choice of the summer vacation time.
84Michael seeks terms for contact with Hudson. The Orders sought are appropriate:
(1) Child-Initiated Contact: Hudson may contact the non-residential parent by reasonable electronic means at any time.
(2) Parent-Initiated Contact Where Hudson is with one parent for six (6) consecutive overnights or more, that parent shall facilitate two 30-minute video calls. Notice of rescheduling shall be provided at least 30 minutes in advance.
(3) Privacy Hudson shall have an age-appropriate expectation of privacy during electronic communications.
85The parents may want to consider alternate weekends, Friday to Friday, when Hudson gets older for the summer schedule.
Issue: How should decisions be made for Hudson?
86I find that it is in Hudson’s best interests that his parents share decision-making responsibility. Both parents are engaged and informed about Hudson.
87Gabrielle seeks to be the sole decision-maker for Hudson. She did not propose how such decisions should be communicated or if there would be consultation in advance of any decision.
88Michael seeks shared decision-making. The parties shall attempt to resolve disputes in writing. Failing resolution, either parent may refer the matter to a Parenting Coordinator.
89I find that the parents have been able to agree on important decisions for Hudson and should be able to continue to do so. I also note that there have not been any motions, child protection or police involvement with the family.
90I do not accept that a parenting coordinator is needed for this family. This is not a case of entrenched parental conflict. This is not a case where parents have been unable to implement or interpret the terms of a court order in the best interests of their child.
91Gabrielle has been the parent who has made more decisions for Hudson. She has made good decisions, especially in recent years. She unilaterally decided that Hudson should attend a French Immersion school for September 2025. She should not have made this unilateral decision. There was a shared parenting schedule in place for Hudson.
92Michael objected to the school choice when Gabrielle advised him. Other options including the school his older child attends should have been considered. A few months later, after consideration, Michael agreed with Gabrielle’s choice. That is to his credit. Sometimes a parent will not consider the options when faced with a unilateral decision.
93Gabrielle's decision-making responsibility must be constrained to ensure that Michael is able to have significant involvement in decisions made with respect to Hudson. The parents must meaningfully consult before any non-urgent decisions of significance related to the child's education and health are made.
94Both parents must keep the other informed about who is providing Hudson with healthcare services and the school issues and events. Both must have the opportunity to consult and meet with these persons.
95I will make an order for joint decision-making responsibility, which will include:
(1) If a decision needs to be made for Hudson, notice shall be given to the other parent, along with any information pertaining to the decision. The parent receiving notice shall have 14 days to consider the decision. If more time is needed to consult with educational or medical providers, notice shall be provided regarding the extension of time. If no response or notice of extension is received, the parent is deemed to be consenting to the decision.
(2) If there is disagreement, Gabrielle shall have final decision-making responsibility with respect to education and Michael shall have final decision-making responsibility with respect to extracurricular activities. If the parents cannot agree on health and medical care (non-emergency) decisions, the treating physician’s recommendations shall prevail.
(3) Any parent scheduling a medical appointment shall immediately share full appointment details with the other parent in writing.
(4) Each parent shall advise the other in writing of diagnoses, treatment, and outcomes within 48 hours if the other parent does not attend.
(5) Day-to-day decisions and medical emergencies shall be made by the parent with Hudson in their care, with immediate notice to the other parent and, in any event, within one hour of the emergency.
(6) Neither parent shall discuss parenting disputes or adult issues with Hudson.
(7) All parenting communication shall be in writing and respectful.
(8) Neither parent shall disparage the other or discuss disputes in Hudson’s presence.
Hudson’s identification
96Gabrielle seeks to continue to hold Hudson’s identification.
97Michael is content for Gabrielle to hold Hudson’s health care and birth certificate and that he holds Hudson’s passport. I find that the sharing of Hudson’s documents is reasonable.
Travel
98Michael seeks terms in the Order allowing for both parents to travel with Hudson, with notice and information to the other. The terms are reasonable.
99Michael seeks an order that Hudson’s legal name shall not be changed without written consent or court order and shall be used on all records. I decline to make an order regarding Hudson’s name. The Change of Name Act provisions apply.
100Michael seeks an order that no parent shall relocate more than 35 kilometres from Hudson’s school without consent or court order. Gabrielle did not address relocation. I decline to make any order. The statutory notice provisions under the Children’s Law Reform Act apply to any proposed relocation. No evidence of a move was raised by either party.
Issue: What child support should be paid for Hudson?
101I find that both parents have the obligation to support Hudson in accordance with section 3 and 9 of the Child Support Guidelines and their shared parenting schedule. I find that Gabrielle’s income for child support purposes to be $57,000, being one and a half times her reported income for 2024 and Michael’s income for child support purposes to be $110,000.
102The first step with respect to the determination of child support is to determine each parent’s income pursuant to section 3 of the Child Support Guidelines.
103Income for support purpose is presumptively the Payor's income as it appears on his/her Line 150 Total Income of his/her income tax return, subject to section 17-20 of the Guidelines and is adjusted in accordance with Schedule III (section 16). The Court has the power to impute income in various circumstances as set out in section 19.
104The financial disclosure of the parties is challenging. Michaels seeks to impute income to Gabrielle. No evidence was provided regarding Hudson’s means, needs, and other circumstances in each household.
105Neither party provided reliable income information.
106Gabrielle is a bartender/server. She has adjusted her work schedule so that she works 8 to 12-hour shifts on her non-parenting days, which have been weekends and where she has been able to maximize her income. Gabrielle accepts that income should be imputed to her and proposes that her income be set at $50,000 per year. She earns an hourly wage and receives tips. Her evidence is that the tips vary and have no predictability.
107Gabrielle’s reported incomes are $21,707 for 2022, $38,200 for 2023 and $37,901 in 2024. She was on maternity leave from November 2024 to November 2025. Her financial statement expenses are three to five times higher than her reported income. Her RBC deposits were approximately $40,000 per year. Her discretionary spending, including funds spent at Montana’s, was $12,831 in 2023, $11,670 in 2024, and $7,742 in 2025. Her evidence was not reliable.
108Gabrielle has been the recipient of significant funds from her parents and uncle. It is very difficult to determine her financial situation from employment income including tips and the generosity of her family. Gabrielle lives well beyond her reported income. In 2024, she reported $22,000 in income on her tax return and spent $11,600 on restaurant food, personal grooming and alcohol alone.
109Gabrielle’s evidence disclosed multiple transactions per day at her place of employment or sister-restaurants. Her evidence is that she would purchase her own meal, bring meals home or treat co-workers. She receives a discount through her employer, 50% for one meal while on shift, 20% at other times.
110Her uncle loaned Gabrielle $30,000 in the last few years and forgave the debt in September 2025. Her parents have provided her with significant funds each year. Her house is mortgage-free because of her parents’ generosity. She now resides with a common law partner who contributes about $24,000 per year to the household.
111Gabrielle accepts that income will be imputed to her. She proposes her income for child support purposes be imputed at $50,000 per year. Michael proposes an imputed income for Gabrielle of $81,798 comprising of reported income of $23,528, unreported tip income of $36,600 based on lifestyle and $5,000 in cash tip income, with the tip income grossed up for tax.
112The Court can impute income under section 19 of the Child Support Guidelines and the circumstances may include:
- (1) The court may impute such amount of income to a parent or spouse as it considers appropriate in the circumstances, which circumstances include,
(a) the parent or spouse is intentionally under-employed or unemployed, other than where the under-employment or unemployment is required by the needs of any child or by the reasonable educational or health needs of the parent or spouse;
(b) the parent or spouse is exempt from paying federal or provincial income tax;
(c) it appears that income has been diverted which would affect the level of child support to be determined under these guidelines;
(d) it appears that income has been diverted which would affect the level of child support to be determined under these guidelines;
(e) the parent’s or spouse’s property is not reasonably utilized to generate income;
(f) the parent or spouse has failed to provide income information when under a legal obligation to do so;
(g) the parent or spouse unreasonably deducts expenses from income;
(h) the parent or spouse derives a significant portion of income from dividends, capital gains or other sources that are taxed at a lower rate than employment or business income or that are exempt from tax; and
(i) the parent or spouse is a beneficiary under a trust and is or will be in receipt of income or other benefits from the trust.
113Where additional income is imputed to a parent who engages in cash, the undeclared income is “grossed up” to take account of its tax-free nature, notwithstanding the payor’s liability to be reassessed by CRA. See: Ali v. Williams-Cespedes, 2015 ONSC 3560; V.T. v. L.R., 2025 ONCJ 76.
114Gabrielle receives tips through her employment and not all such income is reported. Income should be imputed to her in order to determine her income for child support purposes for Hudson. Gabrielle’s father owned and operated a Montana’s. She started as a hostess in his restaurant when she was 14. She has worked in the service industry for over 7 years as a bartender/server. I accept Gabrielle’s evidence that tips are discretionary, and the amounts are random. Her evidence was the usual tip was 10-15% and mostly were paid through debit or credit cards, not cash.
115I find that Gabrielle’s income should be imputed at double her reported T4 employment wage income. This allows for tip income (claimed and not claimed) and the gross-up of the amount for tax purposes.
116Michael asks for an order requiring Gabrielle to provide quarterly reports of her daily tips on a go-forward basis in anticipation of a future motion to change. Such a requirement was not sought in his Answer. The disclosure request is intensive. Michael seeks an order that contemporaneous records of all tip and cash income earned from employment, whether received in cash, by debit, credit, or otherwise, including but not limited to: cash tips; debit and credit card tips; pooled or redistributed tips; and any gratuities or commissions paid or credited by her employer. He asks that Gabrielle create mandatory end of shift reports and that she deposit all cash tips into her personal bank account within 5 days. Gabrielle would then provide quarterly reports to Michael with respect to her income and tips.
117Gabrielle resists the ongoing disclosure provisions. They are onerous. I decline to make such an order. Income will be imputed to Gabrielle and if a motion to change is brought in the future, she will need to establish why the imputation of income at the level of two times her T4 hourly wage income should change.
118In Horowitz v. Nightingale, 2015CarswellOnt 204 (SCJ) the court imputed $50,000 per year for gifts that had been received regularly for 8 years and had been used for family purposes. There was evidence that the gifts were likely to continue. While Gabrielle may continue to receive financial assistance from her family, her father and uncle provided evidence at the trial. It was clear that preparing for the trial and the determination of funds provided to Gabrielle and her spending patterns were an eye-opening experience. It appeared unlikely that the same level of financial contribution, especially given her level of discretionary income, would continue. I will not impute income on the basis of continued gifts from family.
119Michael’s income determination is also challenging. Overall Michael attempted to provide accurate income and expense information.
120Michael owns and operates Bowen’s Contracting Agency. He started his own business after being laid off during COVID. It earned nominal income in 2022 and has steadily grown. Until January 2025, the business included an auto detailing service, including ceramic coatings. Now, it only involves contracting out his services for aircraft maintenance.
121Michael’s financial statements provided various income amounts for him. In his February 4, 2024 financial statement, he reported $13,791 in annual income and expenses of $35,930.
122His March 31, 2025 and May 29, 2025 financial statements claimed an annual income of $250,538 with yearly expenses of $171,225 and debts of $225,661.
123His September 10, 2025 financial statement claimed an annual dividend income of $224,297 with yearly expenses of $174,273 and debts of $225,610. Michael’s financial statements are not accurate and have no reliability. I found Michael honest in his efforts to disclose his income. He has clearly made a success of his new business, but, even though he had the assistance of counsel, he conflated personal and business income and expenses on his financial statements and was not able to provide accurate income information. The 2025 forecast provides real numbers for the income and expenses associated with the business.
124His income for 2022 was $13,791, for 2023, $34,162 and for 2024, $36,185.
125Michael asserts that his current income is best detailed in his document entitled 2025 financial forecast. The forecast is his best estimate of his 2025 income and has not been reviewed by his accountant or adjusted for income tax act considerations. The forecast indicates gross income of $ 191,326 after deduction of the HST payable with deduction of expenses of $80,504 for an estimated income of $110,822.
126Gabrielle asserts that Michael’s income is the total income number on his 2025 Financial Forecast of $216,188, with a deduction of expenses of $80,504 for an estimated income of $ 135,000. This calculation ignores the HST payable by the company.
127I accept Michael’s evidence that his current income is $110,000 which is a guideline table amount of $1,013.00 per month.
128Michael seeks offset child Support based on the shared parenting schedule and that no child support be payable by either party for Hudson. I do not accept that an order for no child support is appropriate.
129Michael relies upon section 9 of the Child Support Guidelines, and having regard to:
(1) the applicable table amounts for each parent;
(2) the increased costs of shared parenting time arrangements; and,
(3) the conditions, means, needs, and other circumstances of each parent and of the child.
130A section 9 analysis for shared parenting was not undertaken. Any increased costs due to the shared parenting arrangement were not identified. I do not have a budget with respect to Hudson’s costs that are or could be shared and his costs in each household. Gabrielle asserts that the table set-off results in a nominal difference and that the overall financial circumstances and household standards of living of the parties justify a zero-support outcome in the exercise of the Court’s discretion. I disagree.
131Gabrielle is residing in a mortgage-free home with her common-law spouse, who works and contributes financially to the home with Hudson and their child. His income is not part of the evidence.
132Michael is residing in a rented home with his new partner, their 2 children and Hudson. Michael also has a shared parenting schedule for his older child.
133I do not have a standard of living comparison nor the information to make conclusions. I have no evidence of the parties sharing expenses for Hudson that may benefit him at both households, such as winter outerwear. I do not agree that the difference in table amounts is nominal. I decline to reduce the support obligation on this basis.
134Section 7 expenses should be paid proportionately.
135The child’s only current agreed-upon special or extraordinary expense is Jiu-Jitsu. Hudson shall remain enrolled in Jiu-Jitsu, subject to further written agreement of the parties.
136Michael seeks an order that Hudson be covered under life insurance and under any medical benefits available through employment. No evidence was led with respect to insurance or benefits. I decline to make such an order. The Ontario Court of Justice shall not make an order under clause section 34 of the Family Law Act, (1) (b), (c), (i), (j) or (k) except for the provision of necessities or to prevent the dependent from becoming or continuing to be a public charge, and shall not make an order under clause. I cannot make such a determination of the record before me.
137Michael seeks an order addressing the Child Tax Benefit. Such an order, directing the Canada Revenue Agency, is not within the jurisdiction of the Court.
138Both parents chose to include photographs of Hudson in their evidence. The photos were put forward to demonstrate that Hudson is happy in their respective care. I place no weight on such evidence and find the inclusion of photos to be of no assistance in determining the parenting schedule, invasive to Hudson’s privacy and inappropriate. I do not see a situation where the usefulness of photos of a child a normal experience with a parent having that includes a smile on their face would be useful and would outweigh the invasion to a child’s privacy.
ORDER
139The Applicant Gabrielle Bouilliere-Howard and the Respondent Michael Bowen shall share joint decision-making responsibility for Hudson Scott Bowen born [...], 2021, including major decisions respecting:
(1) health and medical care (non-emergency);
(2) education;
(3) extracurricular activities;
(4) culture, language, religion, and spirituality; and,
(5) general well-being.
140If a decision needs to be made for Hudson Scott Bowen born [...], 2021, notice shall be given to the other parent, along with any information pertaining to the decision. The parent receiving notice shall have 14 days to consider the decision. If more time is needed to consult with educational or medical providers, notice shall be provided regarding the extension of time. If no response or notice of extension is received, the parent is deemed to be consenting to the decision.
141If there is disagreement, the Applicant Gabrielle Bouilliere-Howard shall have final decision-making responsibility with respect to education and the Respondent Michael Bowen shall have final decision-making responsibility with respect to extracurricular activities. If the parents cannot agree on health and medical care (non-emergency) decisions, the treating physician’s recommendations shall prevail.
142Any parent scheduling a medical appointment shall immediately share full appointment details with the other parent in writing.
143Each parent shall advise the other in writing of diagnoses, treatment, and outcomes within 48 hours if the other parent does not attend.
144Day-to-day decisions and medical emergencies shall be made by the parent with Hudson in their care, with immediate notice to the other parent and, in any event, within one hour of the emergency.
145Neither parent shall discuss parenting disputes or adult issues with Hudson Scott Bowen born [...], 2021.
146All parenting communication shall be in writing and respectful.
147A parenting app shall be used by the parties.
148Neither parent shall disparage the other or discuss disputes in Hudson Scott Bowen born [...], 2021’s presence.
149Both parents may communicate with Hudson Scott Bowen, born [...], 2021’s professionals; both must be included on written correspondence. Documents received shall be shared within 48 hours. The parties shall execute any authorizations required to give effect to this access to information.
150Both parents shall be listed as primary and emergency contacts.
151Parents shall jointly agree on new medical providers.
152Routine appointments may be scheduled during a parent’s time, with immediate notice to the other parent.
153Hudson Scott Bowen born [...], 2021 shall continue with the following medical professionals unless otherwise agreed: Dr. Mahmood of Grey Gretzky Medical Center, Dr. Gertig of Paris Dental Centre, Dr. William Shi of Brantford Optometry, Dr. Rana Samara of Holistic Healing Arts Centre and Dr. Asim Salim of Brantford Pediatrics.
154Hudson Scott Bowen born [...], 2021 shall attend […] Elementary School unless otherwise agreed or ordered.
155Each parent shall independently obtain school communications and promptly advise the other of any material information they solely receive.
156Permission forms may be signed by the residential parent with immediate written notice and a copy of the permission form shared with the other parent.
157Both parents and extended family may attend extracurricular activities; transportation is the responsibility of the residential parent.
158Hudson Scott Bowen born [...], 2021 may contact the non-residential parent by reasonable electronic means at any time.
159Where Hudson Scott Bowen born [...], 2021 is with one parent for six (6) consecutive overnights or more, that parent shall facilitate two 30-minute video calls. Notice of rescheduling shall be provided at least 30 minutes in advance.
160Hudson Scott Bowen born [...], 2021 shall have an age-appropriate expectation of privacy during electronic communications.
161The Applicant Gabrielle Bouilliere-Howard shall hold Hudson Scott Bowen born [...], 2021’s health card and birth certificate and provide notarized copies to the Respondent Michael Bowen.
162The Respondent Michael Bowen shall hold Hudson’s passport, and it shall be released to the Applicant Gabrielle Bouilliere-Howard no less than 14 days before travel and returned within 7 days of return.
163Consent for applications or renewals of Hudson Scott Bowen born [...], 2021’s government identification shall not be unreasonably withheld. Costs shall be shared equally; loss-related rush fees shall be borne by the responsible parent.
164The shared parenting schedule for Hudson Scott Bowen born [...], 2021 shall be a 5-5-2-2 equal parenting schedule as follows:
(1) The Applicant Gabrielle Bouilliere-Howard’s parenting time shall begin Monday at school or 9:00 a.m. and shall continue until Wednesday at school or 9:00 a.m..
(2) The Respondent Michael Bowen’s parenting time shall begin on Wednesday at school or 9:00 a.m.. and shall continue until Friday at school or 9:00 a.m..
(3) The parents shall alternate weekends with the weekend time being Friday after school or 9:00 a.m. until Monday start of school or 9:00 a.m..
(4) A parent’s weekend with Hudson Scott Bowen born [...], 2021 shall be extended for 24 hours where Friday or Monday is a holiday or professional development day, other than Thanksgiving and Easter.
165Exchanges shall occur at school where possible. Otherwise, the parent beginning parenting time or their designate shall pick up Hudson Scott Bowen born [...], 2021.
166The holiday schedule for Hudson Scott Bowen born [...], 2021 shall be as follows and shall supersede the regular shared parenting schedule:
(1) The Christmas School vacation shall be shared by the parents each year with the Applicant Gabrielle Bouilliere-Howard advising the Respondent Michael Bowen of the Christmas school break schedule by November 1 in even-numbered years and with the Respondent Michael Bowen advising the [a of the Christmas school break schedule by November 1 in odd-numbered years and the schedules will include:
(a) In even-numbered years, Hudson Scott Bowen born [...], 2021 shall spend December 24th at noon until December 25th at noon with the Respondent Michael Bowen and January 1 at 2:00 p.m. until January 2 at 2:00 p.m. with the Applicant Gabrielle Bouilliere-Howard;
(b) In odd-numbered years, Hudson Scott Bowen born [...], 2021 shall spend December 24th at noon until December 25th at noon with the Applicant Gabrielle Bouilliere-Howard and January 1 at 2:00 p.m. until January 2 at 2:00 p.m. with the Respondent Michael Bowen;
(2) For Thanksgiving and Easter weekend, the parent who does not have Hudson in their care, shall advise the other parent at least 30 days in advance that they will have Hudson in their care on Saturday or Monday from 10:00 a.m. until 8:00 p.m..
(3) The Monday to Friday period of March Break shall alternate such that Hudson Scott Bowen born [...], 2021 shall be in the Applicant Gabrielle Bouilliere-Howard’s care in even-numbered years and in Respondent Michael Bowen’s care in odd-numbered years.
(4) On Mother’s Day, Hudson shall be in the care of the Applicant Gabrielle Bouilliere-Howard from 10:00 a.m. Sunday until his return to school on Monday.
(5) On Father’s Day, Hudson shall be in the care of the Respondent Michael Bowen from 10:00 a.m. Sunday until his return to school on Monday.
(6) Both parents shall ensure that Hudson Scott Bowen, born [...], 2021, has a phone or video call with the other parent on significant days, including his birthday and the parents’ birthdays.
(7) Each parent shall have two (2) consecutive or non-consecutive seven (7)-day periods of vacation time each year with Hudson Scott Bowen, born [...], 2021 pursuant to the following terms: Vacation selection shall be determined by the party with first-choice advising the other party in writing no later than April 1st of each year, and the party with second-choice advising the other party in writing no later than April 15th of each year (ensuring that the parents do not select the first-choice parent’s scheduled vacation weeks). If a 7 day period is chosen, it shall include the parent’s usual weekend.
(c) In odd-numbered years, Gabrielle shall have first choice of the summer vacation time and in even-numbered years, Michael shall have first choice of the summer vacation time.
167The parties are at liberty to travel outside of Canada during their parenting time with Hudson Scott Bowen, born [...], 2021, without the consent of the other parent. The parent intending to travel with Hudson will notify the other parent where possible, not less than 30 days before the intended trip, and provide a detailed schedule of the vacation together with flight and hotel arrangements. Should the intended travel extend beyond the parent’s parenting time, written consent from the other parent is required. The travelling parent shall: provide the prepared travel consent form per travel.gc.ca (or similar)); and, arrange for travel health insurance for Hudson Scott Bowen, born [...], 2021when travelling outside of Canada.
168Either parent is at liberty to travel with Hudson Scott Bowen, born [...], 2021 within Canada during their schedule parenting time without the consent of the other parent. The other parent shall be advised of the schedule, together with information as to flight and hotel information if applicable. Virtual visits shall continue
169The travelling parent shall make arrangements for Hudson Scott Bowen, born [...], 2021 to check in with the other parent for one or more virtual visits during the intended travel period.
170Consent for applications or renewals of government identification for Hudson Scott Bowen, born [...], 2021 shall not be unreasonably withheld. Costs shall be shared equally; loss-related rush fees shall be borne by the responsible parent.
171The child support arrangements for Hudson Scott Bowen, born [...], 2021 shall be, commencing April 1, 2026 and on the first day of each month thereafter, in accordance with the section 3 and 9 of the Child Support Guidelines:
(1) The Respondent Michael Bowen shall pay child support to the Applicant Gabrielle Bouilliere-Howard in the amount of $1,013 per month based on an estimated 2025 income of $ 110,000.
(2) The Applicant, Gabrielle Bouilliere-Howard, shall pay child support to the Respondent Michael Bowen in the amount of $586 per month based on an imputed income of $63,586, being double her 2024 T4 wage income of $31,793. The 2024 wage income shall be used for the basis of the imputation of income until her 2026 income is available.
172All other claims shall be dismissed.
Costs
173Any party seeking costs may make written submissions to the court, to be submitted no later than 14 days from today.
174Responding submissions may be submitted no later than 14 days after being served with the submissions.
175Submissions shall be a maximum length of two pages – double spaced, 12 point font, normal margins. Bill of costs and Offer to Settle may be attached to the costs submission without counting to the page limits.
176No reply submissions permitted
177Parties are to file electronically: send submissions to chambers upon expiry of the two deadlines.
Released: March 9, 2026
Signed: Justice Joanne Beasley