Harrison v. MacKinnon

Parties

Procedural Posture

Application to Vary Parenting Order Under the Maintenance and Custody Act / Variation Hearing; Oral Decision (final Order)

Legal Issues

1. 1 Whether there has been a material change in circumstances since the 2006 shared parenting order
2. 2 Whether the material change warrants transferring primary care to the mother
3. 3 What weight to give to the child's wishes and maturity

Ratio Decidendi

The move of the child to live with the father's partner constituted a material change that improved the father's ability to meet the child's needs, but the change did not justify replacing the 2006 shared‑parenting weekly alternation because the child's best interests require continued substantial time with both parents; the child's wishes were given limited weight due to immaturity. Therefore the variation is limited to a framework permitting limited additional agreed overnight time with the unscheduled parent (no more than three times per month) while retaining the alternate‑weeks arrangement.

Court Disposition

Application to vary parenting order granted in part and dismissed in part; 2006 shared parenting order largely maintained with limited modifications.

Orders

• 2006 weekly alternation parenting arrangement is reinstated as the primary order
• The interim order requiring unrestricted accommodation of the child's additional time is replaced with a framework: by agreement of both parents, and in consultation with both parents, the child may spend additional time with the unscheduled parent overnight prior to a non‑school day until 7:00 p.m. on that...