Law360 Canada ( August 16, 2024, 1:43 PM EDT) -- Appeal by mother from order of motion judge for M’s residence on a temporary 50/50 parenting schedule. This was a family law proceeding involving the parenting arrangement for an adult child, M, who had a cognitive disability requiring constant supervision. M’s parents separated in 2012 and agreed to a shared parenting schedule in their separation agreement. When the COVID-19 pandemic began, M temporarily lived with his mother. In 2020, M’s father sought to reinstate the shared schedule, leading to this proceeding. The motion judge determined that M met the definition of a “child of the marriage” under s. 2(1)(b) of the Divorce Act (Act) because he remained in his parents’ charge and could not withdraw from it due to his cognitive disability. The mother appealed, raising constitutional issues about the definition of “child of the marriage” as applied to disabled adults. She also argued that M’s right to natural justice was violated by making an order affecting his interests, without allowing him to be heard. M was now independently represented on appeal. His counsel argued that M’s dignity, autonomy and views should be considered....