Susan L. Kania

A motion to change brought by the father seeking retroactive variation of child support obligations and rescission of arrears totalling over $205,000.

The mother had filed a Writ of Seizure and Sale to enforce arrears under a separation agreement dated February 19, 2008.

The father claimed he had a verbal agreement with the mother to pay what he could afford following his job loss in 2009, and sought retroactive adjustment of support to accord with the Child Support Guidelines.

The court found a change in circumstances but granted only partial relief, reducing child support arrears while rescinding all interest as a penalty clause.

The court also partially rescinded spousal support arrears and established a framework for future disclosure and section 7 expense sharing.

The applicant sought sole custody of the child, permission to relocate from Mississauga to Kitchener, child support, retroactive child support, and travel provisions.

The respondent sought sole or joint custody with the child remaining in Mississauga and child support.

The court found that the applicant had a closer emotional bond with the child and was better positioned to meet the child's special needs, including speech and language development.

The court awarded sole custody to the applicant and permitted relocation to Kitchener.

The respondent was ordered to pay child support of $643 monthly from November 2015, with arrears of $6,430 to be paid at $200 monthly.

Access was to be arranged by mutual agreement between the parties, with the respondent to drive to Kitchener to collect the child and the applicant to arrange return transportation.

Following a lengthy family law trial, the court determined issues relating to custody and access, child support, spousal support, and equalization of net family property.

Allegations of child abuse raised by the father were largely rejected, and the court concluded that the parents’ conflict had negatively affected the children.

Applying the best‑interests analysis under s. 24 of the Children’s Law Reform Act, the court granted the mother sole custody and established a detailed access regime.

Child support was ordered in accordance with the Federal Child Support Guidelines and the father was required to pay limited spousal support based on the Spousal Support Advisory Guidelines.

The court also calculated equalization of net family property and addressed disputes concerning certain assets, including foreign property and household contents.