Cadegan v. Hearn

Parties

Procedural Posture

Maintenance and Custody Act (family Law Custody and Access and Child Support) / Oral Decision With Written Reasons Issued

Legal Issues

1. 1 Whether joint custody or sole custody is appropriate
2. 2 Extent and supervision of access including overnight access
3. 3 Whether retroactive child support should be awarded

Ratio Decidendi

Sole custody awarded to the mother because she is the primary caregiver and residential parent, the father’s Alberta residence and infrequent visits limit his role and attachment to the children, and parental consultation that would require joint custody would risk unnecessary conflict; access awarded to the father on a graduated unsupervised regime with conditions (no alcohol 48 hours prior and during access, initial visits in mother’s presence and short durations, video‑conferencing, reasonable local visits, YMCA supervised access as transition), the father’s current maintenance obligations continue with an ordered monthly amount under the guideline tables effective November 1, 2010,...

Court Disposition

Sole custody granted to mother subject to conditions; father granted graduated unsupervised access subject to conditions; retroactive child support denied; ongoing guideline child support ordered.

Orders

• Mother granted sole custody of the children; mother to authorize third parties (healthcare providers, educators and other professionals) to provide information directly to father upon his written request and to keep father regularly informed of events and milestones
• Father granted reasonable video‑conferencing contact while children are at mother’s home and reasonable local visiting time when he notifies he is in the area; initial visits in mother’s presence, short daily outings of 2–3 hours progressing to longer 6–8 hour visits as children acclimatize; no overnight access...