Samantha Keser

The applicant brought a motion to change a separation agreement dated April 21, 2011, seeking to establish child support based on an imputed income of $90,000 per year for the respondent.

The parties share joint custody of three children on a week-about arrangement.

The respondent, formerly an insurance agent, transitioned to cash-based employment as a tradesman after his insurance business declined.

The court found the respondent's declared income of $56,000 per year to be unverifiable due to its cash nature and grossed it up by 15% to $64,400 per year.

Based on the applicant's income of $33,000 per year and the respondent's imputed income of $64,400 per year, the court ordered child support of $604 per month, retroactive to July 1, 2014.

The mother brought a motion to terminate an ex parte restraining order and vary a temporary custody order granted to the father after she was charged with assaulting one of the children.

The court considered whether the outstanding criminal charge and related allegations justified maintaining the father’s temporary custody.

After reviewing the evidence, including the Office of the Children’s Lawyer investigation and the historical caregiving status quo, the court found no evidence that the mother could not provide a safe environment for the children.

The restraining order was terminated and temporary custody of two children was returned to the mother, restoring the pre‑incident status quo.

The issue of temporary custody of the third child was adjourned for further evidence and submissions.

The mother brought a motion to terminate a restraining order and vary a temporary custody order that had granted the father temporary custody after the mother was charged with assaulting one of the children.

The court considered the urgency of restoring the status quo where the children had historically resided with the mother and the recommendations of the Office of the Children’s Lawyer.

The court found that the mother provided a safe environment and terminated the restraining order to permit renewed contact between the children and their mother.

Temporary sole custody of two of the children was granted to the mother, while the issue of the third child’s residence and custody was adjourned for further evidence and submissions.