Canada Case Law

Charapovich v. Charapovich

Court

Supreme Court of Nova Scotia

On the totality of the evidence and the best interests of the children the court awarded primary care and sole decision-making authority to Hanna; found no parental alienation by the mother; found the father’s declared incomes were not reflective of his resources and imputed annual income of $125,000 to him under s.19 of the Guidelines; ordered prospective guideline child support of $1,709/month commencing October 1, 2025 and allocated section 7 expenses 64% father/36% mother; concluded applicant is entitled to spousal support in principle but declined to order payment given her achieved self…

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• Parenting arrangements
• Decision-making authority
• Imputation of income under guidelines
• Prospective child support
• Section 7 special expenses
• Voice of the child report

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N.L.G. v. J.M.G.

Court

Supreme Court of British Columbia

The court varied child support after finding shared parenting ended on September 1, 2022 and declined to find parental alienation on the record.

• Shared parenting
• Child support guidelines s.9
• Modification of consent order
• Financial disclosure
• Counselling orders
• Child-support

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L.L.L. v. S.T.

Court

Supreme Court of British Columbia

The court held M.T. should remain primarily with the claimant, with supervised parenting time for the respondent, and dismissed the respondent’s application to set aside the earlier order.

• Primary residence of child
• Supervised access
• Removal of default judgment / set aside
• Section 211 report
• Conduct orders
• Imputation of income

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McCluskey v Tobin

Court

Supreme Court of Nova Scotia

Mother removed the child from jurisdiction without adequate notice or consent, failed to comply with multiple court directions to return the child, and (on balance of probabilities) actively facilitated the child’s alienation from the father; she did not meet the burden to show relocation was in the child’s best interests. The court therefore ordered the child returned to Nova Scotia, awarded primary care and decision-making to the father for a defined period, imposed supervised contact for the mother (Veith House) for at least six months with phased review conditions, suspended the routine c…

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• Relocation under psa
• Denial of parenting time
• Custody and decision-making
• Supervised access
• Parental alienation
• Contempt proceedings

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K.F.M. v. K.G.T.

Court

Supreme Court of British Columbia

The court addressed parenting time, responsibilities, and child support in a high-conflict family case involving alleged alienation, disputed incapacity, and a 2015 settlement.

• Parenting time
• Parental responsibilities
• Imputation of income
• Retroactive child support
• Section 211 report
• Views of the child

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Farrell-Wadden v. Mombourquette

Court

Supreme Court of Nova Scotia

On the balance of probabilities the father did not prove parental alienation, the grandmother has been the primary and stable caregiver for six years and relocating the child would be disruptive; therefore the child's best interests required remaining in the grandmother's primary care while preserving specified parenting time for the father and mandating therapeutic engagement to address child resistance.

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• Parenting time
• Best interests of the child
• Interim consent orders
• Variation
• Change in circumstances
• Credibility assessment

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K.M.F. v. A.S.

Court

Supreme Court of British Columbia

The court declined to award costs to either party after finding that neither side was substantially successful in a family-law post-trial costs application.

• Parenting time
• Guardianship
• Reconciliation counselling
• Costs entitlement
• Party conduct
• Family-law

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Williams v. Power

Court

Supreme Court of Nova Scotia

Because the children were subject to a court‑ordered shared parenting arrangement, s.18H(1A)(a) imposed on the relocating parent (father) the burden to prove relocation was in the children's best interests; the father failed to discharge that burden, the court found credible evidence of parental alienation by the father and his spouse and material credibility problems in the father's evidence, and therefore denied relocation and placed the children in the mother's sole care with sole decision‑making while imposing a limited parenting time and contact regime for the father.

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• Mobility/relocation
• Best interests of the child
• Parenting time
• Decision-making authority
• Parental alienation
• Credibility findings

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M.P.M. v. A.L.M.

Court

Court of Appeal for Ontario

The Court of Appeal dismissed the appeal, concluding the reviewing judge did not err in retaining joint decision-making and primary residence with the mother because the decision was supported by expert evidence prioritizing the childrens' immediate mental health, the unpredictability and risk associated with the father’s new child being introduced to the children, and pandemic-related disruption; the fresh expert letter was admissible but did not change the result; a one-year review hearing was ordered and no costs awarded.

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• Parenting orders
• Therapeutic/case management orders
• Fresh evidence on appeal
• Best interests of the child
• Custody reversal
• Joint decision-making

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Tobin v. Tobin

Court

Supreme Court of Nova Scotia

The court found that Grant is not an alienated child on the evidence presented, the mother's proposed plans were not shown to be likely to restore the relationship, and Grant (now 17) consistently prefers to live with his father; accordingly the primary residence is placed with the father while decision-making remains shared, and the court ordered a specific process for identifying professionals to attempt restoration of the parent-child relationship and ordered return of the computer password.

Source excerpt

• Parenting time
• Custody
• Voice of the child report
• Variation of order
• Best interests of the child
• Professional intervention

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