March 26, 2012

Robert Leslie Zgraggen v. Kelley Ann Ley, 2012 ONSC 1923

Case Summary

The applicant brought a contempt motion alleging that the respondent breached multiple provisions of a prior custody and access order, including interference with access, harassment through email, parental alienation, and cancellation of the children’s cell phone service. The court reviewed the factual circumstances surrounding the children’s refusal to attend access, the communications between the parties, and the applicant’s own non-compliance with previous financial orders. The court held that contempt requires proof of deliberate and willful disobedience of a court order and found that the evidence did not establish such conduct by the respondent. Allegations of parental alienation and harassment were also not proven on the record. The motion was dismissed and costs were awarded against the applicant.

March 26, 2012

Robert Leslie Zgraggen v. Kelley Ann Ley, 2012 ONSC 1923

Case Summary

The applicant brought a contempt motion alleging that the respondent breached multiple provisions of a prior custody and access order, including interference with access, harassment through email, parental alienation, and cancellation of the children’s cell phone service. The court reviewed the factual circumstances surrounding the children’s refusal to attend access, the communications between the parties, and the applicant’s own non-compliance with previous financial orders. The court held that contempt requires proof of deliberate and willful disobedience of a court order and found that the evidence did not establish such conduct by the respondent. Allegations of parental alienation and harassment were also not proven on the record. The motion was dismissed and costs were awarded against the applicant.