Family Law - Custody and Access - Variation of custody order
Parties married in 2009, had three children and separated in 2012. Parties had long history of conflict and previous rulings regarding parenting arrangements had found that children wanted conflict between parents to stop. Previous 2013 ruling also set out that children would remain in primary care of mother and reside with father every other weekend and one Wednesday overnight and that father was to pay monthly child support in amount of $1,628.13. Since that ruling, conflict between parents had not stopped, and it had affected all children, especially eldest A. Father had remarried and mother had partner who was problematic for her children and both parents focused on their partners. Mother brought motion to change custody and child support; father brought motion to change custody and child support. It was determined that child A should choose how she spends time with each parent and children B and C would have week-about schedule with parents. It was found that there was change in condition, means and needs for all three children. Parents loved all of their children, but neither parent was capable of placing their interests above their own. It was found that A did not have home that was completely safe, loving and accepting, as father applied rigidity and conditions to his relationship with A, and, while mother did better job of accepting A, still subordinated A’s needs to her own. For child B, although she was mature teenager, no trial period for parenting arrangement could be made, instead there was no option but to define schedule for B in hope of minimizing potential for parents’ conflict to do damage to her. For youngest child C, it was found that end to parents’ conflict was in their best interest and equal time-sharing arrangement could assist in at least settling conflict down.
Lazarevic v. Lazarevic (2019), 2019 CarswellOnt 2199, 2019 ONSC 1110, J.T. Akbarali J. (Ont. S.C.J.).
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