Andrea Himel

The applicant mother sought a declaratory order that the child, Vivian Wu, was wrongfully retained by the father in Mexico City since August 14, 2022, and an order for her immediate return to Ontario under the Hague Convention and the Children's Law Reform Act.

The father failed to participate in the proceedings despite notice.

The court found that Ontario was the child's habitual residence and declared the retention wrongful, ordering the child's forthwith return to Markham, Ontario.

The court also granted the mother's request for letters rogatory to ensure proper service on the father in Mexico.

The applicant father sought an equal time parenting order for the parties' three children.

The respondent mother opposed overnight parenting time, citing concerns about the father's mental health and a history of family violence.

The court declined to order a week-on/week-off schedule, finding it not in the children's best interests given the lack of recent overnight time and the young age of one child.

Instead, the court ordered a step-up parenting schedule, delaying overnight time until both parties provided medical letters addressing mental health and substance use.

The applicant father sought an equal parenting time order for the three children, while the respondent mother sought primary care.

The parties continued to reside in the matrimonial home post-separation, leading to high conflict.

The court considered the best interests of the children under the Divorce Act, including factors like stability, relationships with parents, and the children's views.

The court ordered a temporary parenting schedule where the children would reside with the father on alternate weekends (Friday to Monday), every Wednesday overnight, and every Thursday (evening during school year, overnight during summer).

The court also ordered a privately funded Voice of the Child Report and mediation.

Costs were not awarded to either party due to their unreasonable behaviour and divided success.

The Applicant (Mother) brought a 14B motion seeking an order to travel with the children to Jamaica.

The Respondent (Father) failed to respond to the motion despite being served.

The court granted the Mother permission to travel with the children, contingent on her obtaining travel medical/health insurance for the children and complying with Canada's quarantine requirements upon their return.

The Father's consent to travel was dispensed with.