Canada Case Law

Isnor v Boutilier

Court

Supreme Court of Nova Scotia

There was a material change in circumstances since the September 15, 2020 Consent Order requiring review; joint custody remains appropriate but the parenting schedule is varied to week-on/week-off with Sunday 6:00 pm neutral exchanges to reduce transitions; the court imputed the mother's annual income at $31,616 and the father's at $111,440 for 2022-2024 for child support purposes, applied the parties' agreed set-off and ordered the father to pay the mother $671.59 per month commencing October 1, 2022; retroactive recalculation prior to the Notice of Application was declined given the prior c…

Source excerpt

• Material change of circumstances
• Shared parenting
• Parenting schedule
• Income imputation (s.18/s.19)
• Line 150 income
• Retroactive child support

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Kudrocova v. Kronberger

Court

Court of Appeal for Ontario

The Court of Appeal upheld the motion judge's order maintaining the effective status quo (daughter with mother, son with father) because the consent order allowed review without proof of material change, the record (affidavits and reports including the Voice of the Child) supported findings of likely parental alienation and lack of a viable therapy plan, and the motion judge reasonably concluded that changing residency would not be in the children’s best interests; admission of fresh evidence did not alter that conclusion.

Source excerpt

• Best interests of the child
• Parental alienation
• Status quo residence
• Therapeutic intervention
• Costs

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C.W. v. T.B.

Court

Nova Scotia Family Court

Sole custody and primary residence were awarded to the mother because the parents are unable to communicate or cooperate on major issues, the father persistently resists accepted medical/therapeutic interventions for S.L.B. (ADHD and cognitive impairment) and has permitted the children to dictate residence, and the mother's acceptance of diagnoses and willingness to implement treatment better serves the children's best interests; accordingly the mother shall have final decision-making authority on major issues, the father shall have regular parenting time but must comply with orders (includin…

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• Sole custody
• Parenting time
• Best interests of the child
• Medical treatment for children
• Retroactive child support
• Section 7 expenses

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H.J. v. P.J.

Court

Supreme Court of British Columbia

Family law parenting decision on entrenched child alienation. The court declined to compel reunification therapy, granted mother practical sole custody, and reserved financial issues.

• Custody and access
• Parental alienation
• Reunification therapy
• Best interests of the child
• Parental responsibilities (fla ss.41-42)
• Judicial interview of children

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Kuefler v. Kuefler

Court

Supreme Court of British Columbia

The court denied sole parental responsibility but allowed passport applications and North American travel with notice, and ordered consultation under s. 41 of the Family Law Act.

• Parental responsibility and guardianship presumption
• Consultation under s.41 family law act
• Child travel and passports
• Court orders and costs
• Parental-responsibility
• Child-travel

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Clarke v. Gale

Court

Supreme Court of Nova Scotia

Because a material change in circumstances existed (irreconcilable parental conflict, communication breakdown, changed income), joint custody was no longer feasible; sole custody to Ms. Clarke was retained because she remained the stable primary caregiver and could meet the child's needs provided ordered therapeutic interventions; access to Mr. Gale was preserved under a detailed schedule; income for support was imputed to Mr. Gale for calculation purposes and a limited retroactive award was appropriate but its lump-sum payment was suspended until resolution of Mr. Gale's unresolved equity in…

Source excerpt

• Variation of custody order
• Material change of circumstances
• Best interests of the child
• Access rights
• Retroactive child support
• Imputation of income

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Bradley v. Josey

Court

Supreme Court of Nova Scotia

Court awarded joint custody, retaining the existing residential time split (father 53%, mother 47%) with specified schedule refinements: Wednesday pickup changed to after gym classes; Christmas schedule left unchanged; March 2004 winter holiday allowance permitting father to take the child to Florida if opportunity arises; summer vacation notice procedure with alternating one-week choices and May 15 deadline; drop-off point unchanged; father granted final decision-making authority over extracurricular, school, dental, health and religious matters subject to consultation with mother and entitl…

Source excerpt

• Joint custody
• Shared parenting
• Parallel parenting
• Parenting time
• Holiday schedule
• Decision-making authority

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