The applicant mother brought a motion to change a final parenting order to permit the children's relocation to California, where she had secured employment, and to impute income to the respondent father for child support purposes.
The respondent father brought a cross-motion seeking the children's return to Ontario, joint decision-making, and a reduction in child support based on his unemployment.
The court found a material change in circumstances and determined that the relocation was in the children's best interests, noting the mother's enhanced stability and the father's history of family violence, non-compliance with court orders, and intentional underemployment.
The court dismissed the father's motion, authorized the relocation, imputed an annual income of $90,000 to the father, and fixed child support arrears at $85,441.13.