3 total
The court dismissed the mother's appeal of a summary judgment order granting custody to the father, admitting fresh evidence of her ongoing non-cooperation.
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.
Custody Case dismissed
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.
Mother found in contempt for failing to enroll child in extracurriculars and delaying passport application.
The applicant father brought a motion for civil contempt against the respondent mother, alleging six breaches of a final parenting order.
The court found the mother in contempt for failing to enroll the child in an extracurricular activity and for failing to cooperate in obtaining a passport for the child.
The other alleged breaches were dismissed due to ambiguity in the order or the court exercising its discretion.
The mother was ordered to pay a $57 fine for the passport application fee and to enroll the child in specific extracurricular programs.
