MAXFIELD & ELIOT

This matter concerned an application by the father for unsupervised time with the child, B, born in 2010. The father had previously been spending supervised time with the child. The court was required to consider the best interests of the child in determining whether to grant unsupervised time. The court also considered issues relating to the father's privilege against self-incrimination, particularly in light of evidence suggesting an investigation into the harm of the child, which led to the father not giving evidence on certain matters.

Berman J determined that the need to protect the child from environmental harm outweighed the potential benefit of the child spending unsupervised time with the father. Consequently, the father's application for unsupervised time was dismissed. The court also discharged certain previous orders and made new interim orders regarding telephone contact between the father and the child, the father's ability to contact the child's treating doctors and school under specific conditions, and liberty for the mother to attend the child's school or extra-curricular activities.

Further orders included an injunction restraining both parties from referring to the proceedings, parties, or the child on social media. The parties were directed to attend a family consultant for a family assessment report, with leave granted for the consultant to inspect subpoenaed materials. Some of the father's applications were dismissed, while others were adjourned for further hearing. An existing order was amended to specify "serious or emergency" illness, and an interim medical report was admitted as an exhibit.