R.T. Bennett

The respondent mother brought a motion seeking sole decision-making authority to have the parties' three children vaccinated against COVID-19 without the applicant father's consent.

The mother relied on public health recommendations and previous case law taking judicial notice that the vaccines are safe and effective.

The father opposed the motion, arguing the vaccines were experimental and seeking to present expert evidence at trial.

The court declined to take judicial notice that COVID-19 vaccines are safe and effective, finding the issue to be controversial and capable of dispute by reasonable people.

The motion was dismissed and the matter was deferred to trial to allow the father to present expert evidence.

Following a trial where the applicant mother was entirely successful on issues of parenting time and child support, she sought costs of $161,606.69.

The court found the respondent father acted in bad faith by misrepresenting evidence regarding a replica gun strapped to the child's crib and by shaving the child's head in retaliation for a failed mediation.

Due to the finding of bad faith under Rule 24(8) of the Family Law Rules, and considering the applicant's reasonable offers to settle, the court awarded the applicant her full costs of $161,606.69, payable forthwith, with one-third enforceable by the Family Responsibility Office as child support.

The respondent father brought a motion seeking the recusal of the case management judge, alleging bias.

The judge had previously found the father engaged in severe parental alienation and ordered reintegration therapy, which the father repeatedly delayed and undermined.

Following a Divisional Court ruling that stayed other contested motions pending the recusal motion, the judge voluntarily withdrew from the case.

The judge issued a lengthy endorsement detailing the father's history of alienation, deception, and manipulation, explaining that his withdrawal was necessary to prevent the father from using the recusal motion to further delay proceedings and harm the children.

The applicant brought a motion to strike the respondent's pleadings and impose a $224,000 penalty for alleged non-compliance with a previous disclosure order.

The court found that the respondent had substantially complied with the disclosure requirements, with only minor items outstanding, including an explanation for a $25,000 withdrawal made prior to separation.

The court dismissed the motion, holding that striking pleadings is reserved for egregious situations and that the applicant's requested relief was disproportionate and overly aggressive.

The applicant Society brought a motion for leave to withdraw its child protection application and terminate temporary care and custody orders.

The father and the Office of the Children's Lawyer supported the motion, while the mother opposed it.

The court reviewed the extensive history of high conflict between the parents and found that the child remained at risk of emotional harm demonstrated by serious anxiety if the Society were to withdraw.

The court emphasized that the parents needed to engage in family therapy and utilize private resources such as a parenting coordinator rather than relying indefinitely on the Society and the court.

The motion was adjourned for four to six months to allow the Society to assist the parents in directing them to appropriate private resources.

The applicant Society brought a motion to vary a temporary care and custody order, seeking to remove the child from the respondent mother's care and place him with his paternal uncle.

The Society alleged that the mother was alienating the child from the respondent father and had fabricated allegations of sexual abuse.

The court found a material change in circumstances and that the child was at risk of emotional harm in the mother's care.

The court ordered the child placed in the temporary care of the paternal uncle, with supervised access for the mother and reunification therapy for the father.

The applicant children's aid society brought a motion for summary judgment seeking to have two children placed in extended society care with no parental access.

The children had been apprehended following severe physical abuse and restraint by the respondent parents.

The court applied the summary judgment framework and found no genuine issue requiring a trial, as the material facts of the abuse were established and the parents' parenting capacity assessments indicated a high risk of future harm.

The motion was granted, the children were placed in extended society care, and parental access was denied as it was not in the children's best interests.

The applicant mother brought a motion to change a 2013 consent order regarding custody and access of the parties' three children, seeking sole custody due to severe parental alienation by the respondent father.

The father brought a cross-motion seeking primary residence.

After a 14-day trial, the court found overwhelming evidence that the father had engaged in a relentless campaign of severe parental alienation, manipulating the children into unjustifiably rejecting their mother.

The court concluded there was a material change in circumstances and that a drastic response was required in the children's best interests.

The court granted the mother sole temporary custody, ordered the children to have no contact with the father or his extended family for a minimum of 90 days, and directed the mother and children to attend the Family Bridges reunification program.

The parties separated after a brief cohabitation.

They had one biological child together, and the respondent mother had an older child from a previous relationship.

The court awarded joint custody of the biological child, with primary residence to the respondent mother due to the geographical distance between the parents and the strong sibling bond.

The court also found that the applicant father had demonstrated a settled intention to treat the older child as his own during the relationship, and ordered him to pay a reduced amount of step-parent child support.