What is the test for success and entitlement at trial on the issue of primary residence and parenting time?

Ontario, Canada


The following excerpt is from Proulx v. Proulx, 2021 ONSC 6071 (CanLII):

The father claims that he was successful on all issues. The mother disagrees. She claims that she was successful on the issue of primary residence given that I ruled the child’s residence should remain in Renfrew with her. The father had requested the child be moved to Ottawa with the parties having equal parenting time whereas the mother had requested primary residence in Renfrew with parenting time at the discretion of the court. The mother argues that the fact that I would have ordered 50/50 time had the father lived closer is immaterial to the issue of “success” at trial when it relates to costs. Counsel relies by analogy on the case of Fyfe v. Jouppien, 2012 ONSC 97, 10 R.F.L. (7th) 371. I find the case of minimal relevance to the arguments regarding success and entitlement, but find it relevant to the issue of the ability to pay which is considered further.

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