Robyn Switzer

The applicants, a same-sex couple, sought a declaration of parentage and primary residence of a child born to the respondents.

The parties had an informal agreement that the applicants would raise the child, but the respondents sought the child's return after four months.

The court found that the statutory requirements for a declaration of parentage under s. 13 of the Children's Law Reform Act were not met, as there was no pre-conception intent for all four parties to be parents.

However, applying the best interests of the child test, the court granted the applicants primary residence and sole decision-making responsibility, with gradually increasing parenting time for the respondents.

The payor father brought a motion to change a 2004 consent order, seeking retroactive variation of child and spousal support based on a claim that his actual income was lower than the $90,000 imputed in the order.

The court found the father was intentionally under-employed and had unreasonably deducted personal travel expenses from his consulting business, maintaining his imputed income at $90,000.

The court allowed retroactive adjustments to child support based on changes in the children's residence and post-secondary attendance, setting the effective notice date at March 2006.

The father's claim for overpayment of spousal support was dismissed, but ongoing spousal support was ordered to be recalculated to reflect the mother's increased actual income since 2008.

The court also provided directions on the use of RESP funds and the children's required contributions to their post-secondary education expenses.