Timothy Henderson

The Applicant, M.R., and the Respondent, K.M., both brought motions for temporary parenting orders concerning their 10-year-old child, JJKR, following the tragic death of the child's biological mother, K.R. The Applicant, the mother's former common-law partner, sought primary residence and decision-making, or alternatively, a week-about schedule.

The Respondent, the biological father, sought primary residence with him and limited parenting time for the Applicant.

The court found the Applicant to be a "parent" under the Family Law Act and, considering the child's best interests, ordered a temporary week-about parenting schedule with sole decision-making responsibility for the Applicant.

This case involves two motions for temporary relief in a family law dispute concerning parenting time, decision-making responsibility, and child support for an 11-year-old child.

The mother sought sole decision-making, exclusive residence, temporary suspension of the father's parenting time, and child support.

The father sought primary care, sole decision-making, and shared parenting.

The court considered the child's views and preferences, as reported by the Children's Lawyer, and the child's emotional well-being.

The court granted the mother sole decision-making, primary residence, and child support, but ordered limited parenting time for the father instead of a full suspension, and denied the mother's request for a restraining order.

The court rejected the father's claims that the mother coached the child or engineered the crisis.