Solmaz Separy

This is a costs decision following the dismissal of the father's motion to change a child support order.

The father sought to reduce support from $1,114 per month to $200 per month and to rescind arrears of $79,014.

The court found no material change in circumstances and dismissed the motion.

The mother claimed costs of $7,534.58 on a full recovery basis.

The court awarded costs of $7,500 all in, finding the father's behaviour unreasonable, noting his history of non-disclosure, failure to pay previous costs orders, and his attempt to use the motion to change as an appeal rather than a genuine motion based on changed circumstances.

A focused trial was held regarding custody and access arrangements for a child born in 2009.

The father sought sole custody with primary residence and limited access for the mother.

The mother sought sole custody with primary residence and increased access for the father.

The court found that both parents love the child and are capable of meeting his needs, but significant concerns existed regarding the father's credibility, mental health, and the paternal family's ability to support the child's relationship with the mother.

The court also found concerns regarding the mother's past use of physical discipline.

Rather than making a final custody determination, the court issued a temporary order maintaining the status quo with the father as primary caregiver while ordering further investigations by the Office of the Children's Lawyer and psychiatric assessments for both parents before a final determination could be made.