CHABAN & ODELL

In this matter before Hannam J, the parties, the father and the mother, presented competing applications concerning their child, Y. The father sought orders for sole parental responsibility and for Y to spend only daytime hours with the mother. Conversely, the mother sought orders for shared parental responsibility and for substantial and significant time with Y. Both parties were self-represented litigants, and no expert evidence was presented to the court.

The central legal issues before the court were to determine the best interests of the child, Y, in circumstances where the mother had a history of mental health difficulties and alcohol abuse, and both parents had demonstrated limited parental capacity at times. Specifically, the court had to assess the risk of psychological abuse and neglect posed by the mother, and whether this risk could be mitigated by the proposed limited daytime contact.

Hannam J found that the mother's conduct towards Y amounted to psychological abuse and neglect, and that she posed a risk of further abuse and neglect. However, the court determined that this risk was mitigated by the proposed limited hours of daytime contact. Applying the principles of the best interests of the child, the court made orders as sought by the father, granting him sole parental responsibility and specifying limited daytime contact for the mother. The orders also included provisions for communication, holiday time, travel, and parental conduct.