Andrew Sudano

The respondent father brought a motion to contest the Ontario court's jurisdiction over the applicant mother's claims for custody and child support, arguing the child was habitually resident in Iraq.

The father had allegedly abducted the child during a vacation to the Middle East and failed to attend the case conference as ordered.

The court applied the hybrid approach to habitual residence and found the child was habitually resident in Ontario.

The father's motion was dismissed, his pleadings were struck for failing to obey court orders, and the mother was granted temporary custody and leave to proceed to an uncontested hearing.

The appellant father appealed a final restraining order that prohibited him from attending within 500 metres of the respondent mother's home, work, church, or college, and their child's school or daycare.

The appellant argued the order should include a knowledge requirement since he did not know the addresses, and challenged the motions judge's imposition of preconditions (remorse and counselling) for reviewing the order.

The Superior Court of Justice dismissed the knowledge requirement ground as it was raised for the first time on appeal, but struck the preconditions, finding the motions judge breached procedural fairness by imposing them without notice and exceeded his jurisdiction under the Family Law Act.