3 total
The court dismissed a motion to vary a refraining order to reduce child support pending trial.
The payor brought a motion to vary the terms of a refraining order previously granted by Justice Scully, seeking to reduce ongoing child support payments from $772.43 per month to $349 per month, commencing September 1, 2016.
The motion was heard by the case management judge presiding over the related motion to change proceedings.
The court declined to grant the variation, finding that the payor had not demonstrated a prima facie case for change and that granting the relief would effectively predetermine triable issues pending the scheduled trial in the motion to change, which was only twelve weeks away.
The court also expressed concern about the jurisdictional basis for varying a refraining order granted by a different judge in enforcement proceedings.
Successful family law applicant awarded substantial costs after overwhelming trial success.
Following a family law trial involving divorce, custody, access, travel permissions, and support issues, the court determined the applicant was overwhelmingly the successful party.
The applicant obtained divorce, sole custody, a non-removal order, travel authorization, and a restraining order, while the respondent’s claims were entirely dismissed.
Although the applicant did not succeed on spousal support, retroactive child support, or a request relating to a religious divorce, the court found the balance of success strongly favoured her.
The court fixed costs in the applicant’s favour.
Sole custody granted to mother; father's access restricted due to flight risk and controlling behaviour.
The applicant mother sought sole custody, child support, and spousal support following the breakdown of the parties' marriage.
The respondent father, who resides in Dubai, sought sole or joint custody and opposed the support claims.
The court found the father to be controlling, abusive, and a flight risk, noting his refusal to grant a Muslim 'Talaq' divorce and his threats to take the child to Pakistan.
The court awarded sole custody to the mother, ordered graduated and restricted access for the father conditional on surrendering his passports, and imputed a grossed-up income of $239,200 to the father for child support purposes.
The mother's claim for spousal support was dismissed due to the short marriage and her stable income.
