Robert Charko

The applicant sought an increase in spousal support and retroactive support based on a separation agreement.

The agreement allowed for a review of support if the respondent obtained his millwright qualification, which he did, resulting in a significant increase in his income.

The court found that the applicant was entitled to an increase in ongoing support but denied retroactive support prior to the agreed review date.

Spousal support was increased from $209 to $600 per month.

A parenting and child support trial concerning a young child whose parents never cohabited and had a history of significant conflict regarding parenting arrangements.

The applicant sought sole custody and a shared parenting schedule, while the respondent sought sole custody with structured access and table child support.

Applying the best interests test under the Children’s Law Reform Act, the court found the parties lacked the communication and cooperation necessary for joint custody and that the respondent had historically assumed responsibility for the child’s education, health care, and primary decision‑making.

Concerns regarding the applicant’s stability, credibility, residential instability, and ability to ensure school readiness supported limiting overnight access during the school week.

The respondent was granted sole custody with structured access to the applicant and child support based on the Child Support Guidelines.

The father brought an urgent motion to prevent the mother from relocating with their two daughters to the Ottawa area.

The mother sought to rescind a previous order prohibiting the move and ordering an Office of the Children's Lawyer (OCL) update.

The court found that a material change in circumstances had occurred since the last custody order, including the mother's undisclosed autoimmune illness and the special needs of one of the children.

Applying the Gordon v. Goertz framework, the court held there was insufficient evidence regarding the proposed new environment to determine the children's best interests.

The court denied the relocation pending a full hearing, confirmed the order for an OCL update, and ordered that if the mother moves, the father shall have immediate custody.