2 total
Contempt motion dismissed; mother had legitimate excuses and took reasonable steps to facilitate resisted parenting time.
The respondent father brought a motion to find the applicant mother in contempt of two parenting time orders due to missed access visits in 2020 and 2022.
The court applied the three-part test for civil contempt and found that while the orders were clear and the mother had knowledge of them, her non-compliance was not intentional or was justified by a legitimate excuse.
The missed visits in 2020 were explained by a misunderstanding of notice requirements, COVID-19 isolation directives, and the child's chronic skin condition.
The missed visits in 2022 were due to the eight-year-old child's strong resistance to overnight access, despite the mother's reasonable good faith efforts to facilitate the visits and seek therapeutic support.
The contempt motion was dismissed.
Child support Motion dismissed
The respondent father brought a motion seeking an order for the return of the child from Cobourg to Oshawa and to prevent future changes to the child's residence without consent or court order.
The applicant mother had moved with the child to Cobourg due to family expansion, health issues during pregnancy, and affordability of housing.
The court found a material change in circumstances and, applying the best interests of the child test, determined there were compelling reasons to allow the interim move to Cobourg.
The respondent's motion was dismissed.
