Carolina Paterson

The moving party brought a motion for a finding that the responding party was in contempt of a prior consent order regarding the rental of jointly owned properties in Portugal.

The responding party brought a cross-motion to dismiss the contempt motion and argued that the Ontario court should decline jurisdiction based on forum non conveniens.

The court found that Portugal was the more convenient forum for issues related to the properties.

Furthermore, the court dismissed the contempt motion, finding that the moving party failed to prove beyond a reasonable doubt that the responding party deliberately or wilfully disobeyed the order, as a power of attorney was not required to rent the properties.

The applicant mother sought to relocate with the parties' three children to Cleveland, Ohio, to live with her new spouse.

The respondent father opposed the relocation.

The court considered the children's views and preferences, which strongly favoured the move, alongside the history of the parents' relationship, allegations of family violence, and the mother's restrictive approach to the father's parenting time.

Despite concerns about the mother's willingness to foster the children's relationship with the father, the court found that refusing the relocation would pose a significant risk to the children's best interests given their strong alignment with the mother.

The relocation was permitted, with a detailed parenting plan ordered to ensure the father's ongoing involvement.

The father was also ordered to pay child support, including a significant amount for section 7 expense arrears, while the mother's claim for spousal support was dismissed without prejudice.