2 total
The court ordered a mother to pay support for an adult child who constructively withdrew from her care due to safety concerns.
The respondent father brought a motion to change a final order dated March 11, 2010, seeking termination of child support for an adult child who had completed university studies, initiation of child support from the mother for another adult child attending university, and a contribution toward special expenses.
The mother opposed, arguing that the child had unilaterally repudiated their relationship and therefore was not entitled to support.
The court found that the child had not voluntarily withdrawn from parental control but rather had been driven from the mother's home due to circumstances involving a third party, constituting a "constructive" withdrawal.
The court ordered the mother to pay child support retroactive to May 1, 2011, and to contribute 40% of special expenses.
Custody of child transferred to mother due to father's alienation and failure to address child's needs.
The applicant mother brought a motion to change a final order that had granted custody of the parties' child to the respondent father.
The mother argued that the father had alienated the child, denied access, and failed to address the child's behavioural and academic needs.
The court found a material change in circumstances, noting the father's inability to manage his anger, his failure to support the child's relationship with the mother, and his reluctance to provide necessary supports for the child.
Applying the best interests of the child test under section 24 of the Children's Law Reform Act, the court awarded custody to the mother, with specified access to the father and an order for child support.
