CUSTODY, PARENTING, AND ACCESS - Best interests of child - Capacity or conditions of parents

Law360 Canada ( June 18, 2025, 2:35 PM EDT) -- Appeal by appellant against court decisions regarding relocation, parenting, child support and property division. The parties separated after an assault by the appellant, which led to criminal, civil and family law proceedings. The appellant pleaded guilty to assault, and the respondent was awarded damages in a civil claim. The family law trial resulted in orders allowing the respondent to relocate to Germany with the children, addressing parenting time and financial matters, and prohibiting the appellant from making further applications without leave for two years. However, the appellant raised issues of whether additional evidence should be admitted and whether the court should hear the appeal due to his conduct. His appeal centred on allegations of bias by the trial judge, which arose from decisions rendered before the trial in her capacity as the case management judge and in her conduct of the trial, including errors in decisions regarding relocation, parenting, child support and property division. However, the respondent sought dismissal of the appeal, arguing that the appellant’s conduct constituted an abuse of process. She argued the court should decline to hear the appeal because of the appellant’s breaches of court orders and his litigation conduct. She stated that the appellant was in breach of court orders relating to arrears of child support and extraordinary expenses, and of the order for the sale of their property. She submitted that the appellant’s refusal to sell the property had effectively frustrated other court orders, including other costs awards, and the orders respecting the respondent’s share of the family assets. She also pointed to the appellant’s prior breaches of the protection order respecting communications with her and improper parenting decisions....
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