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Post-trial family law applications largely failed, but the court granted limited variational relief, including C1 parenting changes, support adjustments, and costs to the father.
Application for security for appeal and trial costs in a family law appeal. Security for appeal costs was granted in part; security for trial costs was refused.
Trial family-law reasons addressing parenting, support, property division, and protection orders. The Court kept shared parenting, ordered child support, and divided property with exclusions.
No exceptional circumstances existed to permit overturning the uncontested trial outcome; the trial judge did not err in principle in granting a vesting order to secure past and ongoing child support and s.7 expenses given the appellant’s non‑participation and lack of disclosure, the appellant had notice of the vesting request, and absence of a current valuation did not produce an injustice; the appeal is dismissed and the trial orders affirmed.
Source excerpt
Mother was awarded primary care because she was the established primary caregiver, both parents can meet the children’s needs but parental communication and lack of integration preclude a workable shared parenting regime, joint decision-making is ordered with mother having final authority after attempted recourse to a third-party professional, and child support is fixed at the respondent’s table amount with s.7 expenses shared 64.2% (mother) / 35.8% (father).
Source excerpt
Family law trial addressing retroactive and prospective child support, spousal support, property division, debt allocation, parenting arrangements, occupational rent, and divorce.
The court declined retroactive private school contributions, set guideline incomes for 2021–2024, reallocated s. 7 expenses proportionately, and kept shared parenting responsibilities.
The court allowed only part of a child-support s. 7 expense claim, limiting recovery for delay and non-qualifying items, and ordered a net payment after set-off.
The Court of Appeal upheld most of a variation order on children’s s. 7 expenses, but replaced the retroactive start date with December 9, 2021.
The court reduced child support, terminated spousal support effective October 1, 2022, and ordered financial disclosure. Contempt was dismissed and the mother’s imputation claim failed.
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