Case information

Family law — Parental authority — Parties divorcing with two children of marriage — Father seeking change to final divorce order and requesting that children attend school in father’s community — Mother opposing request and asking for sole decision-making authority for children’s health care — Trial judge dismissing father’s request and granting mother’s request — Court of Appeal dismissing father’s appeal — Whether courts below erred in refusing to give any effect to clause in final divorce order requiring mandatory consultation and mediation prior to litigation — Whether courts below erred by failing to consider eldest child’s wishes and express safety concerns — Whether father was denied procedural fairness.

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(PUBLICATION BAN ON PARTY)

The parties separated in 2015, and a divorce judgment and final order were pronounced in 2017; there are two children of the marriage. The applicant father brought a motion seeking to vary the parenting arrangement and requesting that both children attend school in his community. The respondent mother opposed this request; she also brought her own motion, seeking to be granted final decision-making authority with respect to all health care decisions affecting both children.

The trial judge varied the parenting arrangement, but dismissed the father’s request with respect to the children’s schooling location; he also granted the mother’s motion (to be granted sole decision-making authority for the children’s health care). The Court of Appeal dismissed the father’s motion to adduce new evidence, and dismissed his appeal.