Rachel Nusinoff

The parties separated and continued to reside in the matrimonial home until a domestic incident resulted in both being charged with assault.

The applicant father moved out, while the respondent mother remained in the home with their five-year-old child.

Both parties brought motions for interim parenting time.

The court ordered a shared parenting schedule that slightly favoured the mother, recognizing the matrimonial home as the child's primary residence and minimizing travel time to the father's new residence.

A motion brought by the father in the Integrated Domestic Violence Court seeking joint custody of the parties' young son and a 50/50 parenting schedule.

The mother opposed the motion and sought to maintain the existing temporary orders providing her with custody and the father with limited daytime access.

The court granted a modified temporary parenting order allowing the father overnight access while preserving the mother's primary residence, finding that the child's best interests were served by allowing both parents to participate in the child's care and decision-making.

Mother brought a motion to change a 2007 Separation Agreement to increase child support retroactively to 2007, enforce special expenses for post-secondary education, and extend spousal support beyond the agreed termination date of December 31, 2017.

Father opposed the motion.

The court found material changes in circumstances, including father's income increase from $138,546 to over $152,000, mother's inability to obtain full-time employment due to medical conditions, and the children's post-secondary education expenses.

The court granted the motion in substantial part, ordering retroactive child support from January 1, 2013, ongoing child support at $2,044 per month, proportionate contributions to post-secondary expenses at 69.6% for father and 30.4% for mother, and indefinite spousal support at $2,200 per month commencing March 1, 2016.