Charles Mota

The parties requested that their upcoming family law settlement conference proceed virtually rather than in-person, on consent.

The court held a teleconference to address the request to change the presumptive mode of hearing.

The Regional Senior Justice outlined the factors the court will consider when a party seeks to depart from the presumptive mode, emphasizing that limited court resources and scheduling complexities require a clear and compelling reason.

The court ruled that consent alone is insufficient to change the presumptive mode and ordered the settlement conference to proceed in-person on a rescheduled date.

The parties separated in 2016 and proceeded to trial to resolve child support and equalization of net family property.

The court found the respondent was underreporting his income from his flooring business by doing cash jobs, and imputed his income at $90,000 for child support purposes.

The court calculated child support arrears at $34,428.

For equalization, the court valued the parties' assets and debts, resulting in the applicant owing an equalization payment of $24,833.12 to the respondent.

The claims for divorce were severed to proceed uncontested.

The respondent mother brought a motion challenging the jurisdiction of the Ontario court over custody proceedings, arguing that the child was habitually resident in India under s. 22 of the Children’s Law Reform Act.

The parties had travelled to India for a temporary visit, after which the mother remained there with the child.

The court found the child’s habitual residence remained Ontario because the father had not consented to or acquiesced in the child’s continued residence in India and had promptly commenced proceedings seeking the child’s return.

The court therefore assumed jurisdiction over custody and access and ordered the mother to return the child to Ontario within 60 days.

Temporary arrangements provided for the child to reside primarily with the mother upon return, with child and spousal support payable by the father.