Anthony Colizza

The Applicant Mother brought a motion to strike the Respondent Father's pleadings and prohibit future filings due to his failure to pay child support arrears, non-payment of costs, and abusive behaviour, including vile text messages and breach of a restraining order.

The Respondent Father had also relocated to Tanzania while seeking primary residency of the child.

The court struck the Father's Notice of Motion due to his exceptional conduct of relocating to another continent while seeking residency.

The court also ordered that the Father may only file responding pleadings upon bringing his child support arrears and outstanding costs awards into good standing.

Costs of $15,000 were awarded to the Mother.

The parties separated in 2014 and have a 6-year-old child.

The child has been subjected to multiple parenting regimes, including periods where each parent unilaterally withheld the child from the other.

The mother previously made an unfounded sexual abuse allegation against the father.

The father sought sole custody, while the mother sought joint custody with primary residence.

The court found both parents fit but noted significant communication issues.

The court awarded joint custody, with primary residence to the father and final decision-making authority to the father if the parties cannot agree.

The court denied both parties' claims for retroactive and prospective child support, noting the father's modest income and the mother's status as a student.