P. W. Nicholson

The applicant father brought a motion for further orders to enforce a trial decision that granted him sole custody of his 13-year-old son and ordered no contact with the respondent mother due to severe parental alienation.

The child had been rebelling, running away, and refusing to comply with the father's authority or attend reconciliation therapy, while the mother continued to undermine the transition.

The court granted the father's motion, issuing specific orders to restrict the child's contact with the maternal family, enforce the father's parental authority, and compel the mother to cooperate with therapy and relinquish control over the child's cell phone and documents.

The mother's cross-motion for access was dismissed as premature.

The mother unilaterally moved with the parties' two children from Toronto to Barrie without the father's consent or a court order.

The father brought a motion seeking the return of the children, joint custody, a 50/50 residential schedule, and unsupervised access.

The court declined to order the return of the children, finding that due to the passage of time, they had become well settled in Barrie and a return would be disruptive.

However, the court condemned the mother's self-help actions and ordered joint custody, with a 50/50 residential schedule to commence once the father relocates to Barrie.

The court also partially lifted the supervision requirement for the father's access and ordered the mother to pay $500 in costs due to her unreasonable conduct.

The applicant father and respondent mother separated in 2005.

In 2009, the father applied for a divorce and an order to pay child support.

In 2011, the mother amended her answer to claim retroactive child support from the date of separation to 2009.

The court applied the D.B.S. framework and found that the mother had not provided effective notice until 2009, the father had made voluntary contributions post-separation, and a retroactive award would cause hardship to the father's new family.

The claim for retroactive child support was dismissed, and costs of $2,500 were awarded to the applicant father.