A motion to change a 2014 final custody and access order concerning a child with ADHD, anxiety disorder, and learning disability.
Both parents sought modifications: the father sought increased parenting time from four consecutive days monthly to ten consecutive days monthly plus extended summer access; the mother sought sole custody and reduction of the father's access to two overnights monthly.
The court found material changes in circumstances warranting a fresh inquiry into the child's best interests.
The court awarded sole custody to the mother while significantly increasing the father's access to alternating weekends and midweek visits while residing in Toronto, with strict conditions prohibiting firearm exposure and excessive physical exercise.
The court found the mother had undermined the father's relationship with the child through exaggerated allegations and unsubstantiated child protection complaints, while the father had exercised poor judgment in some parenting decisions but was not abusive.
