Carina Joyce Chan

The respondent moved to dismiss the proceeding for lack of jurisdiction and to set aside ex parte orders from 2018 and 2019.

The court dismissed the motion to set aside the ex parte orders, finding it was too late given the years of litigation abroad under the Hague Convention.

Regarding jurisdiction, the court found Ontario clearly had jurisdiction as the children were habitually resident there.

The court declined to rule on forum non conveniens (s. 25 CLRA) as premature, pending the outcome of the applicant's appeal in Morocco concerning the children's return, noting concerns about the UAE court's custody decision (gender bias, lack of best interests consideration, and recognition of Talaq divorces).

The Applicant father sought an urgent motion to enforce a shared parenting schedule for his two children, which the Respondent mother had unilaterally suspended for five weeks due to her immunocompromised status and concerns about COVID-19 exposure.

The court applied principles from Ribeiro v Wright, emphasizing children's best interests and the need for specific evidence of non-compliance with COVID-19 protocols.

The court found the mother's concerns largely overstated and unsupported, and her approach self-centred and undermining of the father-child relationship.

The motion was granted, restoring parenting time to the father with specific COVID-19 safety protocols.