Ann C. Scholberg

In a family law trial, the court determined whether the parties had a valid Florida marriage where the respondent used an alias and whether that marriage was valid in Ontario under s. 31 of the Marriage Act.

Applying authorities on fraudulent misrepresentation in marriage formalities, the court held the misrepresentation did not invalidate the marriage because both parties intended to marry each other and understood each other’s identity.

The court granted sole custody to the applicant, ordered conditional access, and made child and spousal support orders after imputing $35,000 annual income to the respondent for inadequate disclosure and intentional underemployment findings.

The court denied both restraining-order requests and awarded partial-indemnity costs to the applicant.

The applicant mother and respondent father both brought motions for interim custody and access of their three children.

The mother also sought child and spousal support, and to add the children's school board as a party.

The court awarded sole interim custody to the father due to the mother's recent violent conduct, anger issues, and alcohol abuse.

The mother was granted specified access subject to a strict condition prohibiting alcohol consumption.

The mother was awarded $800 per month in interim spousal support, but denied child support.

The motion to add the school board as a party was dismissed, as the board acted appropriately in maintaining the status quo for the children's transportation amidst the parents' access dispute.