5 total
The court granted the father temporary primary residence due to the mother's alienating behavior.
The applicant father sought a temporary variation of a final parenting order, requesting primary residence and decision-making authority for the children, citing the respondent mother's manipulative behavior, false allegations, and obstruction of the children's therapeutic services.
The respondent mother opposed, bringing a cross-motion for OCL involvement.
The court found a material change in circumstances and that the existing equal time-sharing arrangement was intolerable due to the high conflict and the children's deteriorating emotional and developmental issues.
The court granted the father primary residence and decision-making authority, finding the mother's lack of insight and self-centered decisions detrimental to the children's best interests, and declined OCL involvement.
Urgent hearing cancelled because the moving party failed to disclose a prior temporary access order.
The respondent father filed an urgent motion seeking equal time-sharing of the parties' three-year-old daughter, claiming no contact since separation.
The applicant mother opposed this and filed a cross-motion for custody and financial relief.
The court initially found the father's request for access potentially urgent but later set aside its prior endorsement after the mother disclosed a pre-existing temporary court order restricting the father's contact, which the father had failed to mention.
The court ruled that neither the father's motion nor the mother's cross-motion qualified as urgent under COVID-19 protocols, emphasizing the reliance on complete disclosure from counsel during electronic proceedings.
The court dismissed an urgent request for immediate equal time-sharing but ordered an expedited case conference to address general access.
The respondent father brought an urgent motion seeking immediate equal time-sharing of the parties' three-year-old daughter, having not seen her since separation in February 2020 due to criminal charges and a court undertaking.
The applicant mother raised concerns about violence, criminal charges, the father's mental health, and COVID-19 safety.
The court, acting as Triage Judge during COVID-19 suspensions, determined that the request for immediate equal time-sharing with police enforcement was not urgent, given the serious allegations and the need for more information.
However, the general request for establishing some access was deemed potentially urgent.
The court ordered an expedited Case Conference to address temporary access, with strict limits on materials for any subsequent emergency hearing.
Parenting capacity assessment denied where existing evidence sufficient for trial.
In a child protection proceeding involving two children, the mother brought a motion seeking a parenting capacity assessment of the father who sought custody of one child.
The Society, the father, and counsel for the younger child opposed the request, arguing that sufficient evidence already existed and that the request amounted to a fishing expedition.
The court reviewed the legal framework under s. 54 of the Child and Family Services Act and Ontario Regulation 25/07, emphasizing that such assessments are discretionary and should only be ordered where reasonably necessary to assist the court.
The judge found that the evidentiary record already provided comprehensive information about the parents and the children, and that no unresolved clinical issues required expert evaluation.
The motion for a parenting capacity assessment was therefore dismissed.
Equal parenting rejected in temporary care hearing due to parental conflict and child protection risks.
At a temporary care hearing under s. 51 of the Child and Family Services Act, the court determined interim placement for four children following a protection application arising from high-conflict parental separation.
The evidence revealed prolonged parental conflict, mutual allegations, school disruption, and significant emotional and behavioural concerns affecting the children.
The court found reasonable grounds to believe that two of the children would likely suffer harm if placed with the father, even under supervision, but that they could be adequately protected if placed full‑time with the mother under supervision.
The court also determined that the parents were incapable of maintaining a workable equal time‑sharing arrangement due to persistent conflict and instability.
A structured interim arrangement was ordered with Society supervision and discretionary access provisions.