CUSTODY, PARENTING, AND ACCESS - Custody and parenting time - Access

Law360 Canada ( February 24, 2026, 9:42 AM EST) -- Appeal by mother from a case management order that dismissed her application. The application was for recusal of the case management judge (judge) on grounds of reasonable apprehension of bias and varied interim parenting arrangements. The parties married in 2010, separated in 2021, and had one child. The litigation was high conflict, involving multiple interim parenting orders, contempt findings, and several unsuccessful appeals. The mother’s concerns about bias arose after the judge found her in contempt for failing to comply with a July 2024 order granting the father sole decision-making authority over the child’s mental health and imposed a 60-day parenting blackout. Subsequent orders maintained supervised parenting time for the mother and primary residence with the father. At a July 2025 hearing, the mother applied for recusal, citing the judge’s prior involvement in an early intervention case conference (EICC) and alleging disregard of her submissions and improper communications with the father’s counsel. She also argued that the judge’s decision to proceed with the father’s parenting application after denying her adjournment demonstrated bias. The mother contended the judge failed to consider the child’s best interests and safety, ignored evidence supporting her parenting capability, and effectively terminated her parenting time by changing the supervision provider without a filed application. The father opposed, arguing the judge acted within discretion and sought litigation restrictions against the mother due to repeated procedural breaches....
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