The court granted the father's relocation application, ordering the children to live with him in Calgary and setting parenting-time and decision-making terms.
Applicant failed to meet the burden to justify ongoing supervised parenting because there were no safety concerns requiring supervision, the limited supervision claimed has already occurred, and the father's supervised contact has been consistent; shared parenting was rejected because entrenched mistrust, poor communication and the father's refusal to engage in co-parenting education make cooperation unrealistic; accordingly primary care and final decision-making were awarded to the mother, a defined parenting schedule to the father was ordered, and child support of $548/month with arrears fi…
Interim family law reasons set a phased parenting schedule, cancel a protection order, replace it with conduct orders, and deny a police enforcement clause.
The court allocated school-enrolment decision-making to the respondent father for 2024-2025 and made interim orders on transportation, absence notices, and extracurricular consent.
The court dismissed a father's application to reopen a parenting decision, granted limited clarifications, ordered a fall 2024 review, and directed the parties to share report costs equally.
In this family law trial, the court fixed separation at January 30, 2021, ordered shared parenting and joint guardianship, reduced retroactive child support on hardship grounds, and deferred spousal support.
The court concluded relocation to Ontario was not in the child’s best interests because the child’s complex educational, medical and emotional needs, the stability and continuity provided by the grandmother over four years, and the concrete care plans in Nova Scotia outweighed the mother’s plan; accordingly the grandmother was granted primary care and final decision-making authority (with meaningful consultation requirements), the mother was denied relocation, a specific parenting schedule was ordered, and jurisdiction on child support was retained for a subsequent conference.
Interim family-law orders granted in part: primary residence stayed with the claimant, the respondent received structured parenting time, supervised monitoring ended, and a s. 211 report was ordered.
Mother's proposed relocation to Economy is a relocation under the Act; she bore the burden of proving relocation was in the children's best interests and failed to meet that burden; relocation denied, father awarded primary care and residence; mother's income imputed at $31,200/year and child support ordered $473.60/month commencing December 1, 2023.
A material change in circumstances was proven and, on the best interests analysis under the PSA s.18(5)-(6), primary care and decision-making should transfer to CT; VOC statements and corroborating evidence were reliable; child support adjustments are required but retroactivity is limited and structured: CT must repay improper travel deductions and both parents share future extraordinary expenses; JB must pay prospective table support of $686/month beginning September 1, 2023.