Tanya Cianfarani

The applicant father sought an equal time parenting order for the parties' three children.

The respondent mother opposed overnight parenting time, citing concerns about the father's mental health and a history of family violence.

The court declined to order a week-on/week-off schedule, finding it not in the children's best interests given the lack of recent overnight time and the young age of one child.

Instead, the court ordered a step-up parenting schedule, delaying overnight time until both parties provided medical letters addressing mental health and substance use.

The appellant mother appealed an order reducing her spousal support from $2,200 to $1,150 per month.

The motion judge had imputed income to the appellant after finding she unreasonably failed to complete her nursing program, rejecting her evidence that childcare responsibilities prevented her completion.

The Court of Appeal allowed the appeal, holding that the competing affidavits raised significant credibility issues that could not be resolved without a trial.

The court directed a trial on the issue of spousal support and reinstated the original support amount in the interim.