C.G. v. M.C., 2022 BCPC 343

Citation: C.G. v. M.C. 2022 BCPC 343 Date: 20220323 File No: 1446115 Registry: Prince George IN THE PROVINCIAL COURT OF BRITISH COLUMBIA IN THE MATTER OF THE FAMILY LAW ACT , S.B.C. 2011 c. 25 BETWEEN: C.G. APPLICANT AND: M.C. RESPONDENT REASONS FOR JUDGMENT OF THE HONOURABLE JUDGE M.J. BRECKNELL Counsel for the Applicant: G. Petrisor, QC Appearing on their own behalf: M.C. Place of Hearing: Prince George , B.C. Dates of Hearing: June 14 - 17, 2021, September 28, 29, 2021, December 10, 2021, and January 6, 7, 2022 Date of Judgment: March 23, 2022

INTRODUCTION [ 1 ] In this decision the names of individuals will be initialized to protect the privacy of the child who is the centre of the litigation. [ 2 ] C.G. and M.C. (jointly the Parties) have been locked in a very bitter and acrimonious litigation concerning their child (J.C.G.), born [omitted for publishing], since 2015. [ 3 ] The Parties are asking the Court to decide a number of issues including:

a) Allocation of parental responsibilities regarding J.C.G.;

b) Parenting time including where J.C.G.’s primary residence should be;

c) Determination of alleged denial of parenting time and orders that may arise from any findings;

d) Determination of alleged breaches of disclosure orders and orders that may arise from any findings;

e) Appointment of a parenting coordinator;

f) Electronic communication between the Child and the Parties;

g) Conduct orders;

h) Determining the Parties’ incomes;

i) M.C.’s claims for retroactive child support;

j) Prospective child support; and

k) Allocation and payment of special and extraordinary expenses. BACKGROUND [ 4 ] The Parties did not cohabitate either before or after J.C.G.’s birth. There were some issues surrounding J.C.G.’s paternity but they were resolved soon after his birth. [ 5 ] C.G. is 40 years old. He has lived in [omitted for publication], BC all of his life. His parents and several extended family members also reside in the area.

He is the sole owner, officer, and director of [omitted for publication]. (the Company) that engages in a number of related enterprises including automobile sales, repairs, and wrecking. [ 6 ] C.G. married K.G. in 2016 but they had a relationship at various times for several years before. They have a daughter, age 4 and a son, age 2. In the past K.G. was employed fulltime by the [omitted for publication] but now works on a part-time on call basis. Since 2021 she has been the Company’s bookkeeper. [ 7 ] C.G. and his family live in a four bedroom, three-bathroom home on an acre-sized property.

There are rooms set up for children activities. J.C.G. has a room of his own, but C.G. said J.C.G. recently asked to share a room with his younger brother so bunkbeds have been installed. [ 8 ] M.C. is 41 years old. She lives in Prince George. Her mother and several members of her extended family and many friends live in the Prince George area. In the past she was employed by the [omitted for publication] but now operates a salon known as [omitted for publication]. [ 9 ] M.C. resides with J.C.G., an older daughter, age 12 from a previous relationship and a younger daughter, age 5, from a relationship with J.K.

J.K. is a welder by trade, works and supervises in mill construction, and is often out of town. [ 10 ] M.C. and J.K. have known each other for over 17 years but entered into a spousal relationship in 2014 and were engaged in 2017. J.K. was described as a spouse or fiancé of M.C. but the status of their relationship changed during the course of this litigation. [ 11 ] Since September 2017, M.C. and her children, and until January 2021, J.K., have lived in a five bedroom, four bathroom, home on a small acreage north of the city centre with many indoor and outdoor activity spaces.

LITIGATION HISTORY [ 12 ] Due to the extensive pleadings filed in this proceeding, a review of only the many pleadings and Orders relevant to what the Court must decide will be set out. [ 13 ] On November 24, 2014, C.G. filed An Application to Obtain an Order seeking guardianship, allocation of parental responsibilities, parenting time, and contact with a child and a change to J.C.G.’s surname. [ 14 ] On December 24, 2014, M.C. filed a Reply agreeing to parenting time with J.C.G. and pointing out that J.C.G. was still breast feeding and had never resided with C.G.

She also claimed child support and financial disclosure of C.G.’s business interests.

[ 15 ] On March 17, 2015, the Court made an interim Consent Order at a Family Case Conference granting C.G. specified parenting time with J.C.G. [ 16 ] On February 25, 2016, the Court made a Final Consent Order including the following terms:

a) The Parties were named as guardians of J.C.G.;

b) The Parties were to cooperate in changing J.C.G.’s surname;

c) The Parties to share parental responsibilities and may obtain information about J.C.G. from third parties;

d) C.G. was to have specified parenting times and M.C. was to have the remainder of the parenting time;

e) The exchange of J.C.G. was to occur at three different locations and that surrogate persons be permitted to carry out the exchange;

f) C.G. was found to be a resident of British Columbia, to have an income of $52,500 and was ordered to pay monthly child support for J.C.G. to M.C. in the amount of $600 commencing on March 1, 2016;

g) The Parties were to equally share child care, health related expenses, and extra-curricular expenses as agreed to, in advance, in writing; and

h) The parenting time provisions of the Order may be reviewed by application of either Party after January 31, 2019. (the 2016 Order) [ 17 ] On September 26, 2016, M.C. filed a Notice of Motion seeking an urgent without notice hearing on a variety of issues surrounding C.G.’s circumstances and his care of J.C.G. (the September Motion). In support of the September Motion M.C. filed an affidavit outlining her concerns. C.G. left the same day from Canada on his honeymoon.

She sought to have the Motion returnable on October 10, 2016, the day C.G. returned from his honeymoon. [ 18 ] On September 26, 2016, J.K. filed an affidavit stating he was M.C.’s fiancé and substantiating M.C.’s concerns about J.C.G.’s care by C.G. [ 19 ] On September 27, 2016, M.C. filed An Application to Obtain an Order to change the 2016 Order in a number of ways (the September Application). [ 20 ] On October 31, 2016, C.G. filed a Reply disagreeing with M.C.’s September Application to change the 2016 Order and counterclaiming for different changes to that Order (the October Reply). [ 21 ] On November 4, 2016, M.C. filed a Notice of Motion seeking a change to C.G.’s parenting time and nightly telephone contact with J.C.G.

On the same date, she filed an affidavit seeking changes to C.G.’s parenting time to alternate weekends (the November Motion). [ 22 ] On November 17, 2016, C.G. filed an affidavit setting out the history of parenting time he had with J.C.G., how J.C.G. enjoyed his time with him, stating that M.C. knew his residential address and that he informed M.C. of his absence from Canada for his honeymoon well in advance of the date. [ 23 ] On November 17, 2016, C.G.‘s mother, J.G. filed an affidavit in support of C.G.’s position concerning the care of J.C.G. and outlining her involvement with J.C.G. [ 24 ] On November 17, 2016, K.G. filed an affidavit outlining her involvement with J.C.G. while in C.G.’s care. [ 25 ] On April 24, 2017, M.C. filed affidavits concerning DNA paternity testing and attaching an unsworn statement from her day care provider. [ 26 ] On June 26, 2017, after a five-day trial, the Court dismissed the September Application, the September Motion, the November Motion, and the October Reply. (the 2017 Order). [ 27 ] In the Reasons for Judgement, the Court commented adversely about both Parties’ behaviour in general and at trial.

M.C. was described as evasive, childish, belligerent, hostile, manipulative, and disingenuous, and that her evidence must be treated with caution. C.G. was described as being confrontational and not cooperative with M.C. on many issues including her contact with J.C.G. during his parenting time. Their behaviour concerning the sharing of J.C.G.’s health care information was described as outrageous and juvenile. [ 28 ] The Court also noted that M.C. had not complied with the 2016 Order regarding J.C.G.’s name change because she wanted to change his name to be that of her fiancé.

The Court ordered M.C. to execute any documents necessary to change J.C.G.’s surname to comply with the 2016 Order. [ 29 ] On February 5, 2018, M.C. filed a Notice of Motion seeking telephone contact between J.C.G. and the Parties.

On April 4, 2018, the Court dismissed that Notice of Motion. [ 30 ] On January 28, 2019, C.G. filed a Notice of Motion seeking compensatory parenting time, payment of expenses incurred for denied parenting time, that M.C. post security in the event of future parenting time denials, and that M.C. pay a penalty for denied parenting time (the January Motion). [ 31 ] On January 28, 2019, C.G. filed an affidavit detailing:

a) his travel arrangements and expenses totalling $1710 incurred for hotels, airfares and other expenses to visit K.G.’s family in [omitted for publication] during the 2018 Christmas season;

b) he would not have spent the money to travel by air to [omitted for publication] except to ensure that he could be back in [omitted for publication] to pick up J.C.G. at M.C.’s home on the ordered date in early January;

c) after a series of telephone calls, texts, and conversations with M.C. things were very tense;

d) the night before he was

schedule to pick up J.C.G. M.C. left a long and provocative voicemail accusing him and K.G. of a number of wrongdoings and telling him she would not permit J.C.G. to come with him the next day;

e) despite her voicemail he attended her home the next day to pick up J.C.G. at the appointed time but M.C. insisted the pickup time was much later in the day and refused to allow J.C.G. to leave;

f) after a brief exchange - in person and by text – M.C. ordered him to leave her property and he did. He began to travel back to [omitted for publication]. Approximately 45 minutes later, M.C. called him and acknowledged that she was in error regarding the exchange time;

g) he asked M.C. if she would bring J.C.G. to [omitted for publication] but she refused. He lost his regularly scheduled parenting time with J.C.G. because of M.C.’s actions; and

h) M.C. had become enraged because J.C.G. calls K.G. “Mom” while at the same time encouraging J.C.G. to call J.K. “Dad.” He does not oppose J.C.G. calling his adult caregivers “Mom” or “Dad” as he might feel comfortable doing. [ 32 ] On February 4, 2019, M.C. filed a Reply to the January Motion seeking its dismissal.

She counterclaimed for compensatory parenting time, that C.G. pay a number of penalties for various transgressions of the Court’s Orders, that C.G. post security for future parenting denials, that C.G. pay an amount to compensate for M.C.’s lost wages, payment by C.G. for preschool fees and child care costs for 2017 through 2019, and that all payments be placed in an educational fund for J.C.G. (the February Reply).

She acknowledged at trial that many of those claims were retaliatory for C.G.’s expense claims for his missed parenting time. [ 33 ] On February 4, 2019, M.C. filed an affidavit in support of her counterclaim and addressing issues about C.G.’s care of J.C.G. and his January 28, 2019, affidavit including:

a) C.G. refused to allow J.C.G. to attend a Christmas concert until she got his lawyer involved;

b) J.C.G. did not want to go to C.G.’s home and reported that he is poorly treated at C.G.’s home;

c) She was mistaken about the exchange time on January 3, 2019;

d) She had nothing to do with C.G.’s travel arrangements over the Christmas season and it did not affect his parenting time schedule;

e) She disagreed with C.G.’s version of what occurred between them the evening before the exchange on January 3. There was tense communication and she decided the exchange would not occur based on what J.C.G. told her about his past care and C.G.’s interference with her telephone contact with J.C.G.;

f) The next morning C.G. arrived at her home and there was another series of tense interactions between them and also involving K.G. Even though she told C.G. she was getting J.C.G. ready to go he left and did not return; and

g) C.G. committed perjury in his affidavit in a number of places including denying that K.G. spanked J.C.G., telling J.C.G. to lie about it and forcing J.C.G. to call K.G. “Mom” against her wishes. [ 34 ] On February 6, 2019, C.G. filed another affidavit in support of the January Motion for compensatory parenting time. [ 35 ] On February 8, 2019, C.G. filed An Application to Obtain an Order seeking changes to the 2016 Order to grant him primary parenting time with J.C.G. and a cancellation of child support payable by him to M.C. (the February Application). [ 36 ] On April 2, 2019, M.C. filed a Reply opposing the relief sought in the February Application and seeking, by counterclaim, changes in guardianship decisions, the allocation of parental responsibilities, parenting time, child support, sharing of special or extraordinary expenses, the appointment of a parenting coordinator, conduct orders, an annual exchange of financial information, financial disclosure of C.G.’s corporate interests and payments to non-arm’s length third parties, cooperation to obtain a passport for J.C.G. and changing J.C.G.’s surname to J.C.K. (the April Reply). [ 37 ] On July 11, 2019, the Court ordered a withdrawal of the February Reply. [ 38 ] On July 22, 2019, M.C. filed an Amended Reply seeking additional relief of retroactive child support to January 1, 2017. (the July Reply) [ 39 ] On August 14, 2019, a Family Case Conference was held but no settlement was reached. [ 40 ] On August 14, 2019, C.G. filed a Reply to M.C.’s April and July Replies. [ 41 ] On August 14, 2019, M.C. filed An Application to Respecting Existing Orders or Agreements to change the 2016 Order regarding the parenting times for J.C.G. due to school commencing and the trial then scheduled for November 2019. (the August Application) She filed a Notice of Motion on that date seeking the same relief.

[ 42 ] On August 15, 2019, C.G. filed a Reply to the August Application disagreeing with the relief sought and counterclaiming for child support. [ 43 ] On August 28, 2019, C.G. filed a Notice of Motion seeking orders that J.C.G. reside primarily with him pending trial with specified parenting time for M.C. and changes to the exchange location and timing (the August Motion). [ 44 ] On August 28, 2019, C.G. filed an affidavit in support of the August Motion addressing the schooling options for J.C.G. in [omitted for publication]. [ 45 ] On August 29, 2019, M.C. filed an affidavit opposing the August Motion and responding to his affidavit of the same date. [ 46 ] On September 5, 2019, the Court granted an interim, without prejudice, Order that J.C.G. primarily reside with M.C., granting C.G. specified parenting time for the fall of 2019, determining the locations of, and who may attend the exchanges (the 2019 Order). [ 47 ] On September 13, 2019, the Court ordered the Parties to exchange witness statements and documents in preparation for trial. [ 48 ] On October 16, 2019, C.L. filed an affidavit in support of M.C. describing her as a caring parent. [ 49 ] On October 17, 2019, the Court ordered C.G. to provide his and K.G.’s cell phone records for the summer months of 2017, 2018, and 2019 by November 11, 2019. [ 50 ] On January 13, 2020, M.C. filed An Application Respecting Existing Orders or Agreements to vary the September 5, 2019, Order to change the exchange time for J.C.G. due to winter road conditions and J.C.G.’s judo lessons (the January Application).

On the same date she filed a Notice of Motion and an affidavit in support of changing the exchange time. [ 51 ] On January 17, 2020, C.G. filed an affidavit responding to the January Application and Motion concerning a change to the exchange times. [ 52 ] On February 21, 2020, M.C. filed a Notice of Motion seeking disclosure of C.G.’s telephone records and corporate financial records. [ 53 ] On July 9, 2020, the Court ordered the Parties to exchange will say statements. [ 54 ] On August 24, 2020, M.C. filed An Application Respecting Existing Orders or Agreements to change the 2019 Order with regard to the length of C.G.’s weekend parenting time with J.C.G. (the August Application). [ 55 ] On August 31, 2020, M.C. filed an affidavit setting out her reasons for wanting changes to the 2019 Order. [ 56 ] On September 18, 2020, the Court granted an interim Order specifying C.G.’s parenting time for the 2020/2021 school year.

The Reasons for Judgement noted that at that point there had been close to 40 court appearances since the file commenced. That number is now over 50. [ 57 ] On March 25, 2021, the Court ordered the Parties to exchange Form 4 Financial Statements. On April 29, 2021, the Court ordered the Parties to exchange all documents, audio and video recordings, and will say statements in preparation for trial. [ 58 ] On June 17, 2021, the Court granted an interim Order varying C.G.’s parenting time

schedule for the summer of 2021, and requiring the Parties to ensure that J.C.G. have contact with the other Party by cell phone in certain circumstances and to provide geographic information if they were out of cell phone range. [ 59 ] On December 6, 2021, M.C. filed an Application for Case Management Order Without Notice or Attendance regarding waiving or modifying service requirements for an Application About Priority Parenting Matter. [ 60 ] On December 7, 2021, M.C. filed an Application About Priority Parenting Matter concerning J.C.G.’s passport application, the costs of obtaining the passport on short notice and increased costs for proposed out of country travel.

EVIDENCE [ 61 ] The evidence and the discussion to follow will be arranged by subject. Although the Parties spent considerable time on minutia and detail on numerous topics, the evidence will be summarized except in areas where specifics are relevant to the decisions to be made. Early Relationship and Parenting [ 62 ] C.G. and K.G. met in 2011 and started dating until she moved away for school in Prince George in January 2013.

They were separated from time to time from then until the summer of 2013 when they recommenced their fulltime relationship. [ 63 ] C.G. and M.C. had a brief relationship in 2013 when she became pregnant with J.C.G. M.C. involved him in her pregnancy appointments and he was present at J.C.G.’s birth. There was a dispute about whether C.G. was the father. He asked for a paternity test while M.C. was pregnant but she refused. The paternity test was done one month after J.C.G.’s birth. [ 64 ] C.G. and K.G. had been in a relationship but were separated when M.C. became pregnant.

C.G. told K.G. about the pregnancy but wanted to wait for paternity testing to see if he was J.C.G.’s father. M.C. alleged that rumours about their relationship were circulated by K.G. C.G. said he did not recall having conversations with M.C. about the rumours. K.G. acknowledged that she may have told her classmates that C.G. may not be J.C.G.’s father. That, and subsequent acrimonious communications before and after J.C.G.’s birth were the genesis of the discord between M.C. and K.G. which persists to today.

[ 65 ] C.G. did not see J.C.G. much in his infancy. C.G. said M.C. put many restrictions on his ability to see J.C.G. and refused to allow K.G. to see him at all. He had to agree to seeing J.C.G. in M.C.’s home otherwise she refused to allow him time with J.C.G. M.C. said C.G. showed little interest in J.C.G at first and did not contribute financially to his care. [ 66 ] M.C. said C.G. became more insistent on spending time with J.C.G. after his parents became more involved and he began a spousal relationship with K.G.

M.C. alleges that C.G. started the proceedings about that time at the instigation of K.G. and his parents. [ 67 ] After J.C.G. turned one, C.G.’s parenting time increased but the disagreements between the Parties in their communications increased and adopted a pattern of acrimony that continues to the present. Parenting Time History [ 68 ] As J.C.G. got older his parenting time with C.G. increased until, by the time J.C.G. was about 3, he was spending close to one third of the time with C.G. That

schedule changed when J.C.G. started Kindergarten. [ 69 ] C.G.’s present regular parenting time is on alternate weekends. During the school year C.G.’s parenting time starts at the end of the school day when he picks J.C.G. up from school. The Parties agree that works better than an exchange at M.C.’s home. At the end of C.G.’s parenting time, M.C. picks J.C.G. up from C.G.’s home in [omitted for publication]. [ 70 ] There is additional shared parenting time on statutory holidays and non-instructional days and the Parties equally share the Christmas and Spring School Breaks.

There have been past disputes about the Summer School Break. The Parties’ Spousal Relationships [ 71 ] C.G. said he has an excellent relationship with K.G. and they are best friends. She is a down to earth, caring and soft-spoken person, and a devoted mother. She left the fulltime position at the hospital to have more time to care for J.C.G. and their other children. [ 72 ] K.G. described C.G. as an amazing person, husband, and father. He is truthful, sweet, kind-hearted, and very forgiving, and spends a lot of time with all his children.

He is playful and happy with J.C.G. and his other children and being a father is his calling. [ 73 ] M.C. and J.K. each gave very little evidence about the nature of their relationship except to say they were spouses who each enjoyed family activities and spending time in activities with the children in their home. J.C.G.’s Family Relationships [ 74 ] C.G. described J.C.G. as a loving, smart, respectful, and witty child who loves his siblings. He eats well, plays hard, and loves his activities. He and J.C.G. have a very close and loving relationship.

They enjoy many activities together and J.C.G. has taken an interest in mechanical things like cars, motorcycles, and snowmobiles. J.C.G. is also very close to K.G. and she treats him the same as the other children. J.C.G. is also very close to his siblings. [ 75 ] K.G. said C.G. and J.C.G. have an undeniable bond. When J.C.G. is with them, he looks forward to doing activities and spending time with C.G. J.C.G. is very excited to arrive at their home and get involved with his siblings, his pets and activities. Sometimes he says that he wants to stay longer.

When that happens he and K.G. reassure him that he will have fun at M.C.’s home as well. [ 76 ] C.G.’s parents live in [omitted for publication] and they are in regular contact. They have been married for over 40 years and are retired. They are very devoted to each other and to their grandchildren. They have an excellent, loving relationship with K.G. describing her as their daughter. [ 77 ] C.G. said if K.G. has to work during the day his parents or his cousin - who J.C.G. calls Aunt - sometimes care for J.C.G. and his other children.

If J.C.G. is with him on an extended weekend he tries to take that day off from work. [ 78 ] J.G., C.G.’s mother, describes him as an excellent hands-on father. He always has time for all his children. He and J.C.G. spend time motor biking, camping, kayaking, skating, snowmobiling, and just playing. She sees J.C.G. most times when he is in [omitted for publication] C.G., K.G. and all the grandchildren often spend Sundays together on J.C.G.’s weekend visits.

She sees J.C.G. on longer visits in [omitted for publication] and they do things like camping. [ 79 ] J.G. said C.G. and K.G. have an excellent relationship and K.G. is one of the best mothers she has been around. K.G. puts J.C.G. and her other children first and will drop everything to be with them. K.G. is close to J.C.G. and treats him just like her other children. [ 80 ] She said J.C.G. is very comfortable in C.G.’s and K.G.’s home, and when she sees him in her home.

He seems happy and well- mannered and has a close relationship with his two younger siblings in [omitted for publication]. [ 81 ] J.G. said she has not seen M.C. for over two years. Initially they had a positive relationship as long as she went along with M.C. In the past she praised M.C. as a good mother. J.G. said she was invited to J.C.G.’s Christmas concert in 2018 but did not attend. She sent a text to M.C. at Christmas 2020, thanking her for photos of J.C.G. She did not get any photos of J.C.G. at Christmas 2016. [ 82 ] If she asked for more time with J.C.G.

M.C. would become upset and yell at her on the phone. If M.C. and C.G. were in a dispute M.C. would try to involve her. On one occasion M.C. called her home many times in one day demanding to know why C.G. had not called her. [ 83 ] She denied having discussions with M.C. in 2015 about where J.C.G. would go to school or that she would sell her home to pay for a lawyer so J.C.G. would go to school in [omitted for publication]. [ 84 ] E.G., C.G.’s father, described C.G. as a loving and caring father who spends a lot of time in outdoor activities with J.C.G. He sees C.G. three or four times a week.

J.C.G. is a happy, outgoing, smart and sweet boy who loves life and admires C.G. J.C.G. has a

loving relationship with K.G. and considers her his mom. He is also very close to his younger siblings. He is very comfortable in their home and loves his pets there. E.G. agreed that he told M.C. that he thought J.C.G. was beautiful. [ 85 ] K.G.’s parents live in [omitted for publication] and they see them every couple of months although the schedules have been affected by COVID-19. J.C.G. has an excellent relationship with members of K.G.’s extended family including his grandparents, aunts, uncles and cousins. [ 86 ] M.C. described J.C.G. as a momma’s boy.

She has solely raised J.C.G. since his birth and they have a very strong bond. She is a nurturing and loving parent and her efforts have made J.C.G. the young person he is today. [ 87 ] J.C.G. is more secure in her home. He has a stable environment with her and his siblings and is engaged in many activities. He attends the same school as his older sibling and his younger sibling will be going there next year. [ 88 ] J.K. described M.C. as a good mother to all of her children who ensures they are properly educated, instils politeness and manners in them, and impresses on them to always tell the truth.

He believes J.C.G. should remain with M.C. because she is a good mother and based on his conversations with J.C.G. He did text M.C. at one point and say that the three children should each live with their fathers because he was mad at the time. [ 89 ] J.K. said J.C.G. has a very close bond with M.C. J.C.G. has told him several times that he does not want to move to [omitted for publication] because he would miss M.C. too much. J.C.G. also has a close bond with both of his siblings and they spend a lot of time together enjoying activities.

He and J.C.G. have a “pretty good” bond and he takes J.C.G. on a lot of outdoor activities. [ 90 ] K.P., M.C.’s mother, described J.C.G. as a happy, smart, polite, well-rounded little boy. She said M.C. is an awesome mother who is very involved with J.C.G. and puts his needs first. She engages in many activities with all her children including, swimming, biking, camping, games, and just playing. J.K. also participates in those activities and he and J.C.G. are very close. [ 91 ] J.C.G. is very close to his older sister. They are each other’s buddies and attend the same school.

He is a big brother to his younger sister they spent a lot of time together until he started school. Even now they play and hang out. [ 92 ] K.P. said she was present:

a) when J.C.G. was told that C.G. would not permit him to attend a skating field trip because it was on C.G.’s time. J.C.G. was very upset and crying and said it wasn’t fair;

b) many times when M.C. called or texted C.G. when J.C.G. was with him and he did not answer the calls or the texts;

c) many times when C.G. called J.C.G. and he just hangs up. M.C. calls back immediately and encourages J.C.G. to speak to C.G.; and

d) when M.C. and C.G. had conflicts by phone and text and M.C. reacts emotionally when J.C.G. misses things due to C.G. [ 93 ] K.P. said J.C.G. told her that when he is at C.G.’s home he must remain in his room at night and when he was younger he was put in an upper bunk when camping and could not get out by himself. [ 94 ] C.L. and T.B., MC’s friends, each said:

a) they have known M.C. for many years and their families spend a lot of time together;

b) she is kind hearted, a wonderful mother to all her children, and is very involved in many activities with them; and

c) J.C.G. is happy and well behaved. He has positive relationships with his siblings and they enjoy spending time together. [ 95 ] C.L. said, in addition:

a) She has been present many times when M.C. attempted to contact C.G. when he has J.C.G. and 90% of the time there is no answer; and

b) M.C. has told her that she hoped to have a positive parenting relationship with C.G. in spite of the chaos of the past. J.C.G.’s “Moms” [ 96 ] C.G. said there have been major issues for many years with M.C. over what J.C.G. calls K.G. He has always referred to her as “Mom” since he was very young. M.C. was very vocal in insisting that J.C.G. not call K.G. “Mom” and wanted him to have J.C.G. call K.G. by her first name. They tried that when J.C.G. was young but he returned to calling K.G. “Mom”. [ 97 ] M.C. became enraged about the matter on several occasions.

If J.C.G. referred to K.G. as “Mom” on the phone, M.C would hang up the phone. One time J.C.G. came to their home and said to K.G. “you don’t love me anymore.” When asked what he meant he said “Well, my other mommy says you’re not my mom so you don’t love me anymore.” J.C.G. was upset and confused. [ 98 ] He and K.G. bought J.C.G. a book about moms and stepmoms and that helped. J.C.G. continues to call K.G. “Mom.” He knows that M.C. has encouraged J.C.G. to call J.K. “Dad” and that does not bother him. He did tell J.K. in 2017 that he had J.C.G. call K.G. “Mom” to get under M.C.’s skin.

What he would like is consistency so J.C.G. is not confused. [ 99 ] K.G. said at first they tried to teach J.C.G. her name but he found it confusing and he started calling her “Mom.” She and C.G. left it for a while. Later J.C.G. asked her what her name was and she told him and said he could call her that if he wished but he reverted to calling her “Mom.”

[ 100 ] M.C. said she insisted on several occasions that C.G. have J.C.G. call K.G. by her first name and not call her “Mom” because he only has one “Mom.” Having J.C.G. call K.G. “Mom” is not appropriate and is confusing to J.C.G. She did not have J.C.G. call J.K. “Dad” to get back at CG. She acknowledged that in several of the audio recordings on this topic she did get upset, lost her temper, yelled, and swore. She said it was for good reason and what kind of mother would she be if she did not.

J.C.G.’s Discipline [ 101 ] C.G. said that neither he, K.G., nor his parents use physical discipline on any of their children. If J.C.G. misbehaves he is sent for a time out or sometimes has privileges removed for a time. J.C.G. told him once that M.C. used physical discipline on him including hitting and shoving him, in addition to time outs, if he called K.G. “Mom.” He did not raise that matter with M.C. at the time but raised it later in an affidavit. He has never had a discussion with M.C. regarding how J.C.G. should be disciplined. [ 102 ] C.G. said he has never told J.C.G.:

a) to disobey J.K. or spit in his face;

b) that M.C.’s other children are not his siblings;

c) that he has two “Moms” and only one “Dad;” or

d) to lie to M.C. about being hit by K.G. [ 103 ] K.G. said that she has never physically disciplined J.C.G. or any of her children and she has never seen C.G. use physical discipline on any of the children. In 2017 she received a call from M.C. asking her not to physically discipline J.C.G., which she never has. [ 104 ] M.C. said she had never hit or spanked J.C.G. or any of her other children and was falsely accused of doing so by C.G. She does not believe in physical discipline. J.C.G. twice told her that K.G. hit him and she raised that with C.G. immediately.

J.C.G. told her that K.G. hit him even after C.G. told him to say he had not been hit. She sent texts on two occasions to C.G. alleging that K.G. had spanked J.C.G. and telling her to stop. C.G. did not reply. [ 105 ] M.C.’s witnesses including J.K., her mother, K.P. and her friends C.L. and T.B. all said they had never seen M.C. use physical discipline on any of her children. [ 106 ] J.K. described an occasion when he asked J.C.G. to sit down and finish his dinner. J.C.G. came up to him and spat in his face. J.C.G. was disciplined with a time out.

After that incident J.C.G. said that C.G. had told him that he did not have to comply with J.K.’s directions. J.C.G.’s Education [ 107 ] J.K. said that before J.C.G. started Kindergarten, he had a conversation with C.G. In that conversation C.G. acknowledged that J.C.G. would attend school in [omitted for publication] and he did not want to go to court or have lawyers involved.

C.G. acknowledged that he may have had conversations with J.K. or M.C. about allowing J.C.G. to attend school in [omitted for publication]. [ 108 ] J.C.G. is a very good student who is achieving at a high standard in his classes, particularly in mathematics. [ 109 ] C.G. said he helped J.C.G. with his schoolwork on occasion. The teachers report that he is doing well in school. He maintains contact with J.C.G.’s teachers electronically and by phone.

In October 2019, he was advised that J.C.G. was falling behind in school; but that was rectified soon after. [ 110 ] C.G. said that M.C. has given him regular information about J.C.G.’s school

schedule and other related information, much of which he has not responded to. He did attend one of J.C.G.’s Christmas concerts in 2019 but not 2020 due to COVID 19. He also got a video of one of J.C.G.’s concerts from M.C. [ 111 ] J.C.G. had some socializing issues reported in his March 2020 Communication of Student Learning related to his readjusting after missing school days but they have been addressed by a change to the parenting schedule. [ 112 ] M.C. said she participates in school activities because both J.C.G. and his older sister attend the same school.

J.C.G. has no homework on weekends despite what C.G. says about assisting him in that regard. J.C.G.’s Injuries and Health [ 113 ] M.C. presented a series of photographs depicting various injuries or insults to J.C.G. while in C.G.’s care including:

a) A cut to his forehead requiring a bandage;

b) Bruising to his back;

c) Abrasions to his leg; and

d) Numerous blackfly bites along his waist area and back. [ 114 ] M.C. said that despite the injuries and other medical concerns J.C.G. has suffered while in his care but C.G. did not advise her how those injuries or other concerns arose. He should inform her immediately of accidents or incidents that happen to J.C.G.

[ 115 ] C.G. acknowledged that there were times when J.C.G. was injured or received bug bites during his parenting time. One time J.C.G. hit his head on a table while running around. He did not think it significant enough to advise M.C. about it because it was treated by a friend who was a nurse. On another occasion J.C.G. got multiple blackfly bites while camping. In October 2019, he was not aware J.C.G. had a rash when he was returned to M.C.

He did not think they were of great concern because active children occasionally get minor injuries. [ 116 ] In the summer of 2017, C.G. took J.C.G. to a dentist appointment in [omitted for publication] without informing M.C. even though J.C.G.’s regular dentist was in [omitted for publication]. On another occasion he gave J.C.G.’s health care information to the dentist directly but not to M.C. He does not know how M.C. got reimbursed because the coverage belongs to K.G. and J.C.G. is covered under it.

J.C.G’s Activities [ 117 ] C.G. said J.C.G. has many activities available to him in [omitted for publication]; skating on a rink at their home, snowmobiling, dirt biking, boating, tubing, jet skiing, fishing, and camping at the many lakes in the area. The family also plays a number of games indoors. The family routine is slightly different between whether J.C.G. is or is not under his care. [ 118 ] M.C. said that while in her care J.C.G. participates in numerous activities including swimming, judo, bowling, skating, and CrossFit.

They also go bike riding, go to the park, and activities at the family cabin on [omitted for publication]. [ 119 ] J.K. said J.C.G. has many activities including judo, gymnastics, swimming, and snowboarding. He likes video games, cards and puzzles. He has many friends who come to their home to play. He also has many cousins in [omitted for publication] who he sees regularly. Parental Non-Cooperation [ 120 ] M.C. presented tables showing the times she offered C.G. considerable additional parenting time in 2019 and 2020.

C.G. did not accept all those offers for a variety of reasons but in many instances he could not recall the reasons why except to suggest that M.C. probably demanded some reciprocity that he could not agree to. [ 121 ] K.G. said her relationship with M.C. has never been good, dating back to before J.C.G. was born. She feels like anything she says or does is not good enough and M.C. twists her words. In 2016, she began attending exchanges of J.C.G. with C.G. because C.G. wanted a witness in case of conflict, and not to antagonize M.C. She did not speak for C.G. on those occasions.

M.C. asked her not to come to future exchanges with C.G. but she continued to come for a while. She eventually stopped because she is afraid of M.C. and wanted no contact with her at all. [ 122 ] K.G. said she and C.G. have been invited to events for J.C.G. at M.C.’s home but they have declined because it would not be in J.C.G.’s best interests given the history between M.C. and them. [ 123 ] M.C. gave examples where C.G. declined to return J.C.G. home early so he could participate in sibling birthdays or other family events.

There was no evidence that she offered to allow J.C.G. to stay longer with C.G. for any important events for his family or that he asked for such an arrangement. [ 124 ] C.G. said his grandfather died in 2017 when J.C.G. was in his care. He offered to let M.C. come to [omitted for publication] early to pick up J.C.G. but she refused and threatened to call the police. Later that day he got his brother to drive J.C.G. to [omitted for publication] because he was returning home to [omitted for publication].

M.C. said J.C.G. was dropped off by a stranger. [ 125 ] C.G. acknowledged that J.C.G. did not attend M.C.’s sister’s wedding in 2018 because he and M.C. could not rearrange the schedule. He did not allow J.C.G. to return to M.C. a day early to attend his great, great grandmother’s 100 th birthday party or permit J.C.G. to be returned home a day early for his younger sister’s 1 st birthday because he and M.C. could not agree on changing days.

He did not agree to return J.C.G. a few hours early on one occasion so he could attend a family birthday dinner. [ 126 ] C.G. said J.C.G. missed his first day of school for Grade 1 because he was left in [omitted for publication] but C.G. came to [omitted for publication] for court.

On another occasion J.C.G. missed a skating field trip because he and M.C. could not agree on how to exchange that day. [ 127 ] There was contradictory evidence about C.G. and members of his family being informed about or attending various activities involving J.C.G. including Christmas concerts, school orientation, and community events. [ 128 ] C.G. said he did not tell M.C. about taking J.C.G. to [omitted for publication] by plane because he felt if he did she would raise a big issue about it.

He also did not tell M.C. about the flight arrangements to [omitted for publication] at Christmas 2018. [ 129 ] J.K. said there is absolutely no co-parenting between M.C. and C.G. and K.G. M.C. has told him she wishes she could have a more cooperative relationship with C.G. but that has not occurred and it has been a horrible six years. [ 130 ] J.K. said he had a positive relationship with C.G. at first but C.G. lied to him and things have not been good for four years.

At one point he lost his temper and sent a text to C.G. calling K.G. nasty names because of the ignorant and lying behaviour by both C.G. and K.G. over the years. He has not seen J.C.G. interact much with C.G. and K.G. [ 131 ] C.G. said his relationship with J.K. has been on and off, sometimes social and sometimes conflicted. On one occasion, J.K. sent a very abusive and derogatory text to him after M.C. had a terse phone conversation with his cousin who was travelling with them on a camping trip.

On another occasion, J.K. threatened him about coming to M.C.’s home. [ 132 ] M.C. said she has been emotional at times during the several years of the litigation but she has gone to counselling. She did have

separation anxiety when she was younger but things have improved. [ 133 ] J.K. said he has never seen M.C. cancel or threaten to cancel C.G.‘s time with J.C.G.; He has never seen M.C. discourage J.C.G. from going to [omitted for publication] to spend time with C.G., deny contact between J.C.G. and C.G. and she encourages J.C.G. to speak to C.G. on the phone. [ 134 ] J.K. said both he and M.C. had been attending counselling for a year and a half.

M.C. has been better in dealing with her emotions recently and she is not as upset about the situation as she was before. [ 135 ] M.C. said C.G. has continued to try to alienate her as a parent but it has improved somewhat over the past two years due to court attendances. M.C. Co-parenting Her Other Children [ 136 ] M.C. presented a series of texts between her and her oldest daughter’s father and stepmother indicating they have a positive co- parenting relationship. Those texts also confirm that there had been bad interactions in the past but that they had been resolved.

The texts from the stepmother indicate that she had some contact with C.G., which had reopened old wounds. [ 137 ] Those bad interactions are captured in a series of texts between C.G. and M.C.’s former spouse and his partner from 2015, in which they discussed how M.C. was:

a) purposely interfering with their ability to have a relationship with their respective children;

b) engaging in harassing and vitriolic communication with them and their partners;

c) accusing them of being abusers and violent to their children and pets; and

d) describing them and their spouses disparagingly in comparison to her present partner (J.K.). [ 138 ] J.K. said M.C. has a good co-parenting relationship with the father and stepmother of her eldest child. Electronic Recordings and Communication [ 139 ] As has become prevalent in many family law cases each of the Parties tendered numerous audio recordings, video recordings, and hard copies of various social media communications in support of their case. [ 140 ] C.G. acknowledged recording all his interactions with M.C. starting several years ago and he was unaware if they were illegal.

M.C. was aware of those recordings and at one point gave her tacit permission. [ 141 ] M.C. also maintained videos from her home security system. Each party put into evidence a selection of those recordings to demonstrate their reasonable behaviour or the bad behaviour of the other during their interactions and to contradict the oral evidence of the other about what occurred on a specific date. [ 142 ] A selection of texts and emails between the Parties in 2015 and 2016 include the following topics:

a) Where J.C.G. will go to school;

b) Disagreeing about the parenting scheduling and winter driving issues;

c) Utilizing free mediation;

d) J.C.G. being seen by and cared for by C.G.’s parents;

e) C.G. interfering with M.C.’s contact with J.C.G.;

f) C.G. wanting to keep J.C.G. longer than initially agreed; and

g) C.G. being able to pick up J.C.G. earlier than originally agreed. [ 143 ] At times the communication was respectful but very often it was angry, insulting, and aggressive. [ 144 ] By 2017 and into the years that followed the texts and other communications were predominately aggressive, rude, and confrontational. There were many texts sent by M.C. asking to speak to J.C.G. on a daily or greater frequency but with no indication such calls were arranged. [ 145 ] C.G. said M.C. assaulted him on October 6, 2017, and he did not assault her. M.C. says the opposite.

There is video of the altercation. [ 146 ] Video of September 5, 2019, shows J.C.G. was very upset and crying when he was picked up by C.G. at M.C.’s home. C.G. said soon after J.C.G. was happy and they went to McDonald's. J.C.G. told him “Mommy was going to take my video games away.” Telephone Records and Contact [ 147 ] On October 17, 2019, the Court ordered C.G. to provide his and K.G.’s cell phone records for the summer months of 2017, 2018, and 2019 by November 11, 2019.

[ 148 ] C.G. said he and K.G. made several attempts to get phone records from Telus. At first, he was told records were only kept for 14 months. On a second attempt, he was told 18 months. After M.C. insisted records were available for a much longer period he made further inquiries and got the documents. He thought all the ordered cell phone records had been supplied and wasn’t aware if any were missing. [ 149 ] M.C. presented various communications from Telus, some provided by C.G. and some she obtained.

The earliest document presented regarding the records was an April 6, 2020, email from Telus to K.G. indicating records were maintained for 14 months.

There is no indication as to when K.G. made the request in order to comply with the Court’s order. [ 150 ] Telus sent another email on April 8, 2020, which says in part; “You may view and/or download monthly invoices for the past 18 months and up to 7 years back, free of charge, via your www.telusmobility.com self-serve account.” [ 151 ] On March 6, 2021, C.G. communicated with Telus about the records but no records were obtained by him after that email until a June 2, 2021, email from Telus attaching the records. [ 152 ] M.C. cross referenced the phone records produced with the times when C.G. had J.C.G. and said he was out of cell phone service and her attempts to call J.C.G.

She said that the cross references indicate the following:

a) Despite the Court’s order not all of the required records were produced and when they were it was very late in the day, mere days before the trial commenced;

b) There were many occasions when C.G. told her, and during the trial told the Court, he had no cell service but his and K.G.’s cell phones were being used to make or receive calls. During those times he did not permit contact between J.C.G. and her for many days in a row;

c) There were many days where she called C.G. to speak to J.C.G. when they were in [omitted for publication] but he either did not answer the calls, told her J.C.G. was sleeping or busy and never had J.C.G. call her back;

d) C.G. did not call her on certain dates and times when he said in his evidence that he had; and

e) M.C.’s bills for January and February 2019 showing no calls from C.G. to J.C.G. from January 3 to January 25 but also showing she did not place any calls to C.G. on J.C.G.’s behalf. [ 153 ] C.G. said he usually had phone contact with J.C.G. two times per week. For a long time M.C. insisted that, she have daily phone contact with J.C.G. but that reduced to alternate days.

When he returns J.C.G. to his home after an exchange he sends M.C. a text to advise of their safe arrival. [ 154 ] In the past M.C. raised issues regarding her phone contact with J.C.G. when his family is camping in a remote location without cell service. He has tried to reassure M.C. that if anything concerning occurred he would immediately take steps to contact her.

He does not deny M.C. telephone calls with J.C.G. when they are in cell range or when they are at his home. [ 155 ] C.G. said that when M.C. speaks to J.C.G. by phone she tries to upset him by talking about all the fun things they are doing at her home or that she has many presents for him at her home. [ 156 ] M.C. said there are occasions when C.G. calls J.C.G. but he is unavailable but she ensures that J.C.G. calls back, usually within minutes.

There are also times where J.C.G. becomes disinterested in the call and wanders off or just hangs up. [ 157 ] M.C. said at one Christmas phone call members of C.G.’s extended family upset J.C.G. by telling him about the gifts they had for him. K.G. said they asked their family members not to mention the gifts but they did. January 3, 2019, Incident [ 158 ] C.G.’s evidence of events before the January 3 incident included:

a) He and his family travelled to [omitted for publication] to spend time with K.G.’s family. In order to do that and get back to [omitted for publication] to pick J.C.G. without an excess of highway driving he decided to fly his family from [omitted for publication] to [omitted for publication] return and spend the night of January 2 in a hotel in [omitted for publication]; and

b) He did not tell M.C. about his travel plans in advance. [ 159 ] CG’s evidence concerning the January 3 incident included:

a) In January 2019, he was denied parenting time with J.C.G. when M.C. refused to exchange him at 9:00 am as required in the Court Order. M.C. insisted it was to be 4:00 pm after listing a number of reasons the night before why J.C.G. did not want to go;

b) After he left to return to [omitted for publication] and was near [omitted for publication], with K.G. and his young children in the vehicle, M.C. called to admit her mistake and asked if he would return to [omitted for publication] to pick up J.C.G. He declined and suggested she drive J.C.G. to [omitted for publication] but she refused so he missed that parenting time. [ 160 ] M.C.’s evidence concerning the January 3 incident included:

a) She did not know about C.G.’s travel arrangements prior to January 3;

b) The day before after a series of arguments she did tell C.G. he wasn’t getting J.C.G. for his parenting time out of spite;

c) She made an error with regard to the time C.G. was to pick up J.C.G. They had a verbal altercation surrounding that issue. C.G. threatened her and she told him to get off her property;

d) Within an hour of C.G. departing her residence that morning she realized her error, and contacted him. She admitted her error and asked him to return to pick up J.C.G. but he refused. He told her to bring J.C.G. to [omitted for publication] but she declined; and

e) She does not believe C.G. was already out of [omitted for publication] when they spoke because his hotel invoice shows a check out time of early afternoon. May 2020 Camping Trip [ 161 ] C.G. said that his family went camping to a remote area by themselves during the 2020 May long weekend during a time of strict COVID-19 public health orders. He sent a text to M.C. saying wherever he would be going that weekend there would be no other people. He denied that they were in a group camping area or that it was a prearranged gathering.

He said the Facebook posts shown in court did not include his trailer. [ 162 ] M.C. presented social media posts with photographs from a friend who was at the large camping gathering showing C.G.’s younger daughter and K.G.’s niece at a birthday party and engaging in other activities at the site. The photographs also show a grouping of at least 12 motorhomes, trailers and campers. The author of the post indicates that C.G.’s trailer is in the pictures.

There were several pictures depicting a trailer that M.C. said was C.G.’s trailer and she presented a photograph she took of his trailer at his home for comparison. [ 163 ] J.K. said he could not come home in May 2020 because C.G. had breached COVID-19 protocols when he had J.C.G. He has asthma and had to protect his health and his father’s health who he works with.

Other Camping Trips [ 164 ] C.G. said that on many occasions when they go camping he cannot give an exact location because he does not know until they get to a location and see if there is room or if they have to go somewhere else. [ 165 ] M.C. said C.G. has persistently refused to tell her where he takes J.C.G. on camping trips he claims are out of cell phone range despite her repeated requests to know where they are going and to be permitted to speak to J.C.G. There are many circumstances where C.G. claimed to be out of cell range but his partially provided Telus phone records demonstrate the opposite.

M.C.’s and J.K.’s Relationship and Separation [ 166 ] In J.K.’s evidence in June 2021, and M.C.’s evidence in September 2021 they described themselves as a couple, residing in the same home and raising the three children. When asked in cross examination M.C. specifically denied the suggestion that she and J.K. were separated. However, during the time M.C. was giving her evidence J.K. texted C.G. to tell him that he and M.C. were separated. [ 167 ] M.C. and J.K. had entered into a Separation Agreement dated May 17, 2021, (the Agreement) which stated that they had been separated since January 15, 2021.

The Agreement purported to resolve the issues between M.C. and J.K. including parenting time of their daughter to be primarily with M.C., child support and payment of special and extraordinary expenses, spousal support to M.C., resolution of family assets and debts and sale of the family home. [ 168 ] The Agreement was filed in a British Columbia Supreme Court proceeding commenced by J.K. in October 2021, when disagreements arose concerning the implementation of the Agreement. [ 169 ] In that proceeding M.C. alleged in various affidavits:

a) J.K. threatened her, coerced her, and forced her to sign the Agreement under duress and without legal advice and that it was unfair to her;

b) They were spouses from 2016 to January 2021. She had hoped, through counselling, to reconcile the relationship but that is no longer achievable;

c) After the separation J.K. went to live in an apartment and then with his mother;

d) She was the primary care giver of all the children; and

e) She was not interfering in the sale of the home but now had the resources to purchase it from J.K. so she and the children could remain there. [ 170 ] M.C. attached, as exhibits to her affidavits, various electronic communications with J.K. in which she describes him at times as cruel, selfish, and evil and he describes her in many derogatory ways. In one of those exchanges, J.K. says that M.C. should not have care of the children and each should live with their own fathers.

J.K. said in Court that he did not mean that and he was just angry at the time. [ 171 ] In that proceeding J.K. alleged in various affidavits: M.C. originally proposed terms for the Agreement, some of which he disagreed with but they resolved those issues and the Agreement was prepared and signed; He acted on the Agreement by paying off M.C.’s debts, as agreed, and by paying child and spousal support; and

In the Agreement M.C. insisted on listing her income as $2600 even though it was closer to $30,000. [ 172 ] J.K. was recalled to give evidence in December and said that although the Agreement listed a separation date of January 2021, he continued to live in the family home, in an apartment and at his mother’s at various times until May. From May to October, he continued to work on the relationship with M.C. but that has now ended. [ 173 ] He said his evidence in June and December were both true because he was living in both the family home and elsewhere. They were together but had to get the Agreement done.

The Agreement was meant to be a private document between them in case things did not work out. They separated in January 2021, and signed the Agreement in May 2021, but he was still engaged to M.C. when he testified in June and was not misleading the Court. [ 174 ] J.K. said that the issue of their family home has been resolved and M.C., J.C.G. and the other children will remain there. [ 175 ] Although she was given the opportunity to do so by the Court M.C. chose not to give further evidence about her separation from J.K., the terms of the Agreement, or the resolution of their legal proceedings.

Out of Court Resolution Overtures [ 176 ] M.C. said she has made numerous attempts dating back to 2016 to communicate with C.G. resolving matters through mediation or other processes outside of court but he has declined her request to do so. [ 177 ] C.G. acknowledged that M.C. made several overtures to engage in mediation regarding J.C.G. starting school and other topics to meet his needs but they were not successful because he did not agree with many of M.C.’s demands.

On April 6, 2019, M.C. sent a text to him and K.G. saying she would like to move forward in a mature, mutually respectful manner and that it was in J.C.G.’s best interests to put the past conflict behind them. [ 178 ] K.G. said she got the text message from M.C. on April 6, 2019, saying it would be best if everyone could work together for J.C.G . She did not respond because she did not think the message was genuine. She did not swear at M.C. in a phone call or tell her that C.G. and M.C. did not need a parenting relationship. She believes C.G. and M.C. need a professional parenting relationship.

It would be in J.C.G.’s best interests if C.G. and M.C. co-parented. [ 179 ] In 2020, M.C. had J.C.G. call K.G. to wish her happy Mother’s Day. J.K. did not recall the call but phone records confirm it and it was witnessed by J.K. K.G. did recall J.C.G. calling her daughter to wish her a happy birthday. Document Completion [ 180 ] C.G. said he signed a passport application for J.C.G. but he does not remember the date. He cannot recall refusing M.C.’s request to take J.C.G. to a wedding in Mexico in 2016 and having J.C.G. for a week while M.C. went.

He does not know if J.C.G. missed a trip to Disneyland in 2016 or 2019 because of passport issues. [ 181 ] M.C. did not receive the necessary signed passport documents from C.G.’s counsel until December 2021. [ 182 ] He believes M.C. did not sign J.C.G.’s name change document and, as a result, he had to take extra steps. He did not recall M.C. signing the documents immediately after an earlier court appearance. [ 183 ] M.C. tried to get C.G.’s consent to change J.C.G.’s family name to reflect her relationship with J.K.

M.C.’s Financial Disclosure [ 184 ] On March 7, 2017, M.C. filed a Financial Statement without the required attachments in which she indicated that she was on maternity leave but expected to remain a stay-at-home parent. [ 185 ] On May 24, 2019, M.C. filed a Financial Statement indicating an income of $0 but attaching her personal tax returns and CRA Notices of Assessment for: a) 2015 both indicating an income of $33,135; b) 2016 both indicating an income of $26,601; and c) 2017 both indicating an income of $16,288. [ 186 ] M.C. said she was not employed from March 2017.

She was on maternity leave in 2017, and had no income in 2018. She said she did not return to work in 2018 because C.G. said he would have K.G. care for J.C.G. rather than contribute to day care costs. She did not put that allegation to C.G. She worked from home in 2019. [ 187 ] On June 3, 2021, M.C. filed a Financial Statement attaching her personal tax return and CRA Notice of Assessment for 2020. She indicated an income in the Financial Statement of $21,660.

That was the same as the Notice of Assessment but the Line 15000 income in her tax return indicated $3660. [ 188 ] J.K. said he started paying M.C. spousal support in September 2021, in the amount of $2100 per month and it will last for three years. M.C. said she was not receiving spousal support but J.K. was paying the mortgage on her home. [Omitted for publication]’s Financial Circumstances [ 189 ] M.C. completed the required training for her business venture in May 2018. She then operated her business under another name

from her home for a period of time before moving [omitted for publication] to a business premises in a local mall in April 2021. The business was affected by COVID-19 and for a time in 2020 she was closed and home schooled J.C.G. and her other children. [ 190 ] M.C. did not provide any records or documents concerning the business activities of [omitted for publication]. There was some evidence of [omitted for publication] income stream.

She sees two to three clients per day and services range in price from $45 to $100. [ 191 ] There was some evidence of what the services she provides cost but no indication of how much of her income is derived from the different services. M.C. acknowledged that some services are provided to some clients on a barter basis. [ 192 ] There was no evidence about whether [omitted for publication] provides services only or sells products for customers to use at home.

There was no evidence of the costs [omitted for publication] incurs in product purchases or other overhead such as rent and utilities. [ 193 ] M.C. stated the business initially operated three days per week and moved to four days per week in September 2021, and she is busy. She works from 9:00 am to 2:00 pm to be available to J.C.G. and her other children before and after school. There was no evidence why [omitted for publication] only operates four days a week rather than five.

C.G.’s Financial Disclosure [ 194 ] On May 4, 2017, C.G. filed a Financial Statement attaching his personal tax returns and financial records for the Company for 2015 and 2016. He indicated a Line 150 income for 2015 of $64,000 and for 2016 of $52,500. He did not attach any Notice of Assessment or Reassessment from the Canada Revenue Agency (CRA) for either year. [ 195 ] On September 12, 2019, C.G. filed a Financial Statement attaching his personal tax returns and financial records for the Company for 2016, 2017, and 2018.

He indicated a Line 150 income and a CRA Notice of Assessment for 2016 of $52,500 and a Line 150 income and a CRA Notice of Assessment for 2017 of $48,125. [ 196 ] On April 22, 2021, C.G. filed a Financial Statement attaching his personal tax returns and financial records for the Company for 2018 and 2019. He indicated a Line 15000 income and a CRA Notice of Assessment for 2019 of $82.00 and a Line 15000 income and a CRA Notice of Assessment for 2018 of $0.

C.G. said his personal income in 2018 and 2019 was $0 because, on the advice of his accountants, he drew down his shareholder’s loan. [ 197 ] The Financial Statement also contained the following statement on Page 1: For 2018, 2019, and part of 2020, I did not take a wage from my company, [omitted for publication]., but drew down shareholder’s loans to the company at a rate of $4375 per month. I am currently drawing a salary at a rate of $1500 biweekly, and I expect to draw a total of $52,500 for 2021. I am the sole shareholder, director and officer of [omitted for publication].

From approximately April 2019 to August 2019, my wife, [K.G.], worked for the company part time, doing books, for a wage of $30 per hour. Since February 2021, [K.G.] has been solely responsible for bookkeeping for the company, and is receiving a salary of $3000 biweekly. My previous bookkeeper was paid $75 per hour, approximately 20 hours per week. [K.G.] does not receive any other benefits from the company. [K.G.] and I are the only persons that my company deals with or pays a wage, salary or any benefits to that is not at arm’s length. I do not own any interest in any other business or company.

The Company’s Financial Circumstances [ 198 ] The Company’s year-end financial statements for the years 2015 through 2019 are summarized in Appendix “A” to this decision. [ 199 ] C.G. said that he does not understand all of the accounting details. He is a mechanic and he has accountants who take care of his accounting and taxes for him. [ 200 ] C.G. acknowledged that he uses a company vehicle for both business and personal use such as camping. C.G.’s cell phone bills are sent to the Company’s address.

There was no evidence presented concerning C.G.’s use of other Company assets for personal use such as travelling to [omitted for publication] for both business and personal reasons. [ 201 ] The Company operates as a mechanic shop, car lot, and auto wrecking. The Company owns another mechanic shop in [omitted for publication] and a wrecking yard in [omitted for publication]. The [omitted for publication] location is a storage area for wrecked cars where they are stripped for parts. It holds around 800 vehicles. He has no set

schedule for travelling to the [omitted for publication] location. [ 202 ] C.G. said the [omitted for publication] businesses are open weekdays from 8:30 am to 5:30 pm, with a one-hour lunch break. They are closed on weekends and statutory holidays. He has several employees so he is able to maintain a flexible work schedule. The business has been operating for 17 years. It has not been open on Saturdays for over eight years. Some days he is not home until after 6:00 pm. [ 203 ] The Company requires bookkeeping services. A bookkeeper who charged $75 per hour previously supplied those services.

Those duties were transferred to K.G. who works about 20 hours per week doing the books and running errands for a salary of about $78,000 based on the previous bookkeeper’s fees. Arrears and Prospective Child Support [ 204 ] C.G. has paid child support of $600 per month regularly since 2015 but M.C.’s bank records show that the payment often did not arrive by the first of the month. [ 205 ] M.C. consulted with, but did not call as an expert, an accountant in determining what the Court should impute as C.G.’s income.

M.C. suggested C.G.’s income should be a combination of his declared income, the Company’s annual retained earnings, and the income paid to K.G. C.G. did not agree with M.C.’s suggestions about what the Company’s and his personal income was from 2017 to date. [ 206 ] M.C.’s assertions about C.G.’s available income, by year, the resulting monthly child support, the amount paid and the arrears (including the total) include: a) 2017 - $193,500 - $1695 - $7200 - $13,140; b) 2018 - $110,784 - $1038 - $7200 - $5256; c) 2019 - $172,184 - $1529 - $7200 - $11,148; d) 2020 - $136, 212 - $1247 - $7200 - $7764

e) Total Arrears - $37,308 Special, Extraordinary and Extracurricular Expenses [ 207 ] C.G. said he has paid for half of J.C.G.’s day-care costs. He did not contribute to preschool costs because he did not agree with J.C.G. being in preschool when he could have cared for him.

M.C. told him of J.C.G.’s judo and the monthly cost of $85 or a total of $850 per year but he did not contribute to those or any other extracurricular expenses because he and M.C. did not agree to them in advance as required by the 2016 Order. [ 208 ] M.C. said in 2017 she requested that C.G. contribute to J.C.G.’s gymnastics costs of $154 and his preschool expenses of $168 per month but he made no contribution. She asked C.G. to contribute to the preschool costs for J.C.G. from September 2018, to June 2019, for a total of $1250 but he refused.

THE LAW Family Law Act [ 209 ] The following sections of the Family Law Act apply to the issues before the Court in this case:

a) Duty to disclose 5

(1) A party to a family law dispute must provide to the other party full and true information for the purposes of resolving a family law dispute.

b) Parenting coordinators 14 A person meeting the requirements set out in the regulations may be a parenting coordinator.

c) When parenting coordinators may assist 15

(1) In this Division, "parenting coordination agreement or order" means a written agreement or an order to use a parenting coordinator.

(2) A parenting coordinator may assist only (

a) if there is a parenting coordination agreement or order in place, and (

b) for the purpose of implementing an agreement or order respecting parenting arrangements, contact with a child or other prescribed matters.

(3) A parenting coordination agreement or order may be made at the same time as, or after, an agreement or order respecting parenting arrangements, contact with a child or other prescribed matters is made.

(4) A parenting coordinator's authority to act ends 2 years after the parenting coordination agreement or order is made, unless the parenting coordination agreement or order specifies that the parenting coordinator's authority is to end on an earlier date or on the occurrence of an earlier event.

(5) Despite subsection (4), a parenting coordination agreement or order may be extended by a further parenting coordination agreement or order, but each extension may be for no more than 2 years.

(6) Despite subsection (4), a parenting coordination agreement or order may be terminated at any time as follows: (

a) in the case of an agreement, by agreement of the parties or by an order made on application by either of the parties; (

b) in the case of an order, by an order made on application by either of the parties; (

c) in any case, by the parenting coordinator, on giving notice to the parties and, if the parenting coordinator is acting under an order, to the court.

d) Information sharing for parenting coordination 16 A party must, for the purposes of facilitating parenting coordination, provide the parenting coordinator with

(

a) information requested by the parenting coordinator, and (

b) authorization to request and receive information, respecting a child or a party, from a person who is not a party.

e) Assistance from parenting coordinators 17 A parenting coordinator may assist the parties in the following manner: (

a) by building consensus between the parties, including by (

i) creating guidelines respecting how an agreement or order will be implemented, (ii) creating guidelines respecting communication between the parties, (iii) identifying, and creating strategies for resolving, conflicts between the parties, and (iv) providing information respecting resources available to the parties for the purposes of improving communication or parenting skills; (

b) by making determinations respecting the matters prescribed for the purposes of

section 18 [determinations by parenting coordinators].

f) Determinations by parenting coordinators 18

(1) A parenting coordinator (

a) may make determinations respecting prescribed matters only, subject to any limits or conditions set out in the regulations, (

b) must not make a determination respecting any matter excluded by the parenting coordination agreement or order, even if the matter is a prescribed matter, and (

c) must not make a determination that would affect the division or possession of property, or the division of family debt.

(2) In making a determination respecting parenting arrangements or contact with a child, a parenting coordinator must consider the best interests of the child only, as set out in

section 37 [best interests of child].

(3) A parenting coordinator may make a determination at any time.

(4) A parenting coordinator may make an oral determination, but must put the determination into writing and sign it as soon as practicable after the oral determination is made. (5)Subject to

section 19 [changing or setting aside determinations], a determination (

a) is binding on the parties, effective on the date the determination is made or on a later date specified by the parenting coordinator, and (

b) if filed in the court, is enforceable under this Act as if it were an order of the court.

g) Changing or setting aside determinations 19

(1) On application by a party to a determination made by a parenting coordinator, the court may change or set aside the determination if satisfied that the parenting coordinator (

a) acted outside his or her authority, or (

b) made an error of law or of mixed law and fact.

(2) If the court sets aside a determination, the court may make any order that the court may make under this Act to resolve a dispute between the parties in relation to the subject matter of the determination. (3)If the court does not set aside a determination, the court may make any order that the court may make under this Act to enforce compliance with the determination.

h) Best interests of child 37

(1) In making an agreement or order under this Part respecting guardianship, parenting arrangements or contact with a child, the parties and the court must consider the best interests of the child only.

(2) To determine what is in the best interests of a child, all of the child’s needs and circumstances must be considered, including the following: (

a) the child’s health and emotional well-being; (

b) the child’s views, unless it would be inappropriate to consider them; (

c) the nature and strength of the relationships between the child and significant persons in the child’s life;

(

d) the history of the child’s care; (

e) the child’s need for stability, given the child’s age and stage of development; (

f) the ability of each person who is a guardian or seeks guardianship of the child, or who has or seeks parental responsibilities, parenting time or contact with the child, to exercise his or her responsibilities; (

g) the impact of any family violence on the child’s safety, security or well-being, whether the family violence is directed toward the child or another family member; (

h) whether the actions of a person responsible for family violence indicate that the person may be impaired in his or her ability to care for the child and meet the child’s needs; (

i) the appropriateness of an arrangement that would require the child’s guardians to cooperate on issues affecting the child, including whether requiring cooperation would increase any risks to the safety, security or well-being of the child or other family members; (

j) any civil or criminal proceeding relevant to the child’s safety, security or well-being.

(3) An agreement or order is not in the best interests of a child unless it protects, to the greatest extent possible, the child’s physical, psychological and emotional safety, security and well-being.

(4) In making an order under this Part, a court may consider a person's conduct only if it substantially affects a factor set out in subsection (2), and only to the extent, that it affects that factor.

i) Parental responsibilities 41 For the purposes of this Part, parental responsibilities with respect to a child are as follows: (

a) making day-to-day decisions affecting the child and having day-to-day care, control and supervision of the child; (

b) making decisions respecting where the child will reside; (

c) making decisions respecting with whom the child will live and associate; (

d) making decisions respecting the child’s education and participation in extracurricular activities, including the nature, extent and location; (

e) making decisions respecting the child’s cultural, linguistic, religious and spiritual upbringing and heritage, including, if the child is an aboriginal child, the child’s aboriginal identity; (

f) subject to

section 17 of the Infants Act , giving, refusing or withdrawing consent to medical, dental and other health-related treatments for the child; (

g) applying for a passport, licence, permit, benefit, privilege or other thing for the child; (

h) giving, refusing or withdrawing consent for the child, if consent is required; (

i) receiving and responding to any notice that a parent or guardian is entitled or required by law to receive; (

j) requesting and receiving from third parties health, education or other information respecting the child; (

k) subject to any applicable provincial legislation, (

i) starting, defending, compromising or settling any proceeding relating to the child, and (ii) identifying, advancing and protecting the child’s legal and financial interests; (

l) exercising any other responsibilities reasonably necessary to nurture the child’s development.

j) Parenting time 42

(1) For the purposes of this Part, parenting time is the time that a child is with a guardian, as allocated under an agreement or order.

(2) During parenting time, a guardian may exercise, subject to an agreement or order that provides otherwise, the parental responsibility of making day-to-day decisions affecting the child and having day-to-day care, control and supervision of the child.

k) Exercise of parental responsibilities 43

(1) A child's guardian must exercise his or her parental responsibilities in the best interests of the child.

l) Changes to child's residence if no agreement or order 46

(1) This

section applies if all of the following circumstances exist: (

a) no written agreement or order respecting parenting arrangements applies in respect of a child;

(

b) an application is made for an order described in section 45 (1) (

a) or (b) [orders respecting parenting arrangements] ; (

c) JCG's guardian plans to change the location of that child's residence and the change can reasonably be expected to have a significant impact on that child's relationship with another guardian.

(2) To determine the parenting arrangements that would be in the best interests of the child in the circumstances set out in subsection (1) of this section, the court (

a) must consider, in addition to the factors set out in section 37 (2) [best interests of child] , the reasons for the change in the location of the child’s residence, and (

b) must not consider whether the guardian who is planning to move would do so without the child.

m) Denial of parenting time or contact 61

(1) An application under this

section may be made only (

a) by a person entitled under an agreement or order to parenting time or contact with a child, and (

b) within 12 months after the person was denied parenting time or contact with a child.

(2) If satisfied that an applicant has been wrongfully denied parenting time or contact with a child by a child's guardian, the court on application may make an order to do one or more of the following: (

a) require the parties to participate in family dispute resolution; (

b) require one or more parties or, without the consent of the child's guardian, the child, to attend counselling, specified services or programs; (

c) specify a period of time during which the applicant may exercise compensatory parenting time or contact with the child; (

d) require the guardian to reimburse the applicant for expenses reasonably and necessarily incurred by the applicant as a result of the denial, including travel expenses, lost wages and child care expenses; (

e) require that the transfer of the child from one party to another be supervised by another person named in the o

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