2 total
Spousal and child support claims dismissed due to insufficient evidence of continuous cohabitation.
The applicant sought custody of her daughter, child support, spousal support, health insurance coverage, and costs against the respondent.
The applicant alleged a continuous common law relationship from November 2004 to March 2009 during which the respondent accepted parental responsibilities for her child.
The respondent denied continuous cohabitation, claiming he maintained his primary residence in London with his own children and only visited the applicant periodically.
The court found the applicant's evidence insufficient to establish continuous cohabitation for three years or that the respondent accepted parental responsibilities.
The claims for spousal support and child support were dismissed.
The applicant retained her existing custody order.
The father's motion to change custody was dismissed and he must pay child support arrears.
The respondent father brought a motion to change a 2007 child support order, initially seeking joint custody with primary residence of one child with him and the other with the mother, later claiming primary custody of both children.
The court found no material change in circumstances warranting a change in custody arrangements.
The children remained in the care and control of the applicant mother with unrestricted access to the father.
The court also found the father had significantly underpaid child support obligations over five years and calculated arrears of $6,155.78.
Ongoing child support was adjusted based on the father's actual income.
The father was ordered to pay the mother's costs of $3,000.00.
