Camila Motta

This Ontario Court of Justice decision addresses a mother's application to relocate with her child to Brazil, the associated parenting arrangements, and retroactive child support adjustments.

The court carefully analyzed the best interests of the child under the Children’s Law Reform Act, considering the shared parenting arrangement, the parents' respective caregiving roles, and the impact of relocation on the child’s well-being.

The court denied the relocation, finding the mother failed to meet the onus to prove it was in the child's best interests.

The decision also includes detailed analysis of income imputation for both parents, application of the Child Support Guidelines including section 9 for shared parenting, and retroactive child support adjustments based on effective notice and financial disclosure principles.

The applicant wife sought a declaration of sole ownership and immediate return of the parties' 10-year-old Yorkshire Terrier, Meg, which the respondent husband had unilaterally withheld.

The court applied the expanded approach to pet ownership, considering factors beyond mere purchase, and found that the wife was the lawful owner based on original purchase and microchip registrations, veterinary records, and consistent care arrangements.

The court dismissed the husband's arguments and ordered the immediate return of the dog and payment of costs to the applicant.