Your firm's client, Ms. Paltow, comes to you with a variety of concerns about a recent separation. You have documented the fact scenario as she has relayed it to you. A senior partner at the firm, Ms. Boldstein, has reviewed the facts and has presented you with a number of questions she'd like you to research and answer. The facts and issues follow.

Ms. Paltow and Mr. Chris Martins were involved in a relationship for about 6 and a half years. Both are Canadian entertainers. They met at a massive thespian convention held in Smooth Rock Falls, Ontario called, "Actors Saving the World" on July 1^st, and fell madly in love.They dated for about a year and then decided that Mr. Martins would move into Ms. Paltow's home, located in Timmins, which she had purchased 5 years earlier. That said, quite often one of them would be away from the home, on various jobs. Although they spoke about it from time to time, Ms. Paltow and Mr. Martins never wed.

One child, Orange, was born of the relationship.She will be 5 years old on April 1^st, 2022.

The couple began to struggle with their relationship due to their demanding travel schedule and they decided to separate on January 15^th, 2022. Martins moved out and got his own apartment in the neighbouring town of Kirkland Lake.Since that time, Orange has remained with Ms. Paltow. Paltow has acted as Orange's primary care giver since Martins left. She would like to get sole custody of Orange in order to be the primary caregiver and sole decision maker. She feels that Martins has some "stupid" ideas about parenting and she wasn't happy about how the relationship ended, apparently he called it "conscious uncoupling" and she doesn't know what the heck he was talking about - she was very conscious of the situation.

Martins has arranged to visit with Orange on at least 4 weekends, but something always seems to come up and he has to cancel the visit. Paltow wants Martins to visit with Orange but feels that he is too immature to do so at this time - if he can't keep a schedule, she feels that he should lose all access.

Martins has not supplied any financial support since he left the home. His T4 from 2021 reveals that he earned a gross income of $89,000. Paltow made a gross income of $86,000 during 2021. Paltow wants Martins to have to pay child support from the date of their separation. She feels that $3,000 per month would be fair because Orange has some expensive clothing tastes. Paltow also heard on Facebook that Martins is of the view that, because they never legally married, he doesn't owe Paltow anything. Plus, he has a new girlfriend and she is expecting his child, so he will have a new mouth to feed.

The Issues

After interviewing Ms. Paltow and noting down the facts, Ms. Boldstein has asked you to research several questions:

1. Is Ms. Paltow entitled to child support?If so, what amount? Should Mr. Martins have to make payments to make up for missed payments from the date of separation in January?

2. Ms. Paltow wants to have sole custody of Orange, is she entitled? Is Mr. Martins entitled to access and if so, can a schedule be put in place?

3. Ms. Paltow wants to know if she can start her application in Timmins.

4. Is there any significance to the fact that Paltow and Martins were not legally married when it comes to child support?How about the pending new arrival?