The applicant father brought a motion to change a final custody order respecting an adult child with significant developmental disabilities.
The prior consent order provided for joint decision-making and shared residence with disputes to be resolved by a parenting coordinator with binding authority.
The court found a material change in circumstances because the parenting coordinator process had collapsed due to the responding party’s refusal to cooperate, leaving the parties unable to make joint decisions regarding the child’s care and programming.
Applying the best interests test under s. 17 of the Divorce Act, the court concluded that sole custody with the applicant was necessary to ensure consistent decision-making and access to structured support programs.
Primary residence was granted to the applicant with alternating weekend access to the respondent and shared holidays.
