Vanessa J. Frey

The mother (M.W.) appealed a summary judgment decision that placed her child (M.N.D.) in the custody of the father (M.S.) with discretionary access for the mother.

The appeal court admitted fresh evidence regarding the mother's ongoing non-cooperation with the Children's Aid Society (CAS) and her failure to comply with court orders concerning her other children.

The court dismissed the appeal, finding no palpable and overriding errors in the motions judge's factual findings or application of law regarding summary judgment and status review applications.

The fresh evidence further confirmed the appropriateness of the original decision, emphasizing the child's best interests and the need for permanence.

The applicant Mother brought a motion seeking shared residency and a specific exchange location for the child.

The respondent Father opposed, advocating for the child to remain in his primary care, maintaining the status quo.

The court dismissed the Mother's requests for shared residency and the proposed exchange location, finding it not in the child's best interests to significantly alter the status quo or to potentially move the child twice in a short period.

However, the court increased the Mother's parenting time to include one overnight during the week and extended alternate weekend care, emphasizing the maximum contact principle and the importance of the sibling relationship.