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Court varied shared parenting status quo, ordering primary residence with mother.
The applicant sought to vary a week‑on/week‑off parenting arrangement so that the child would primarily reside with her.
The dispute centred on allegations that the child was unhappy during time spent with the respondent and required emotional space to address her feelings.
The court considered the status quo principle but found special circumstances justified altering the existing arrangement.
Relying in part on evidence from the child’s counsellor and the child’s expressed wishes, the court ordered that the child reside with the applicant and spend time with the respondent in accordance with the child’s wishes.
A parenting assessment under s. 30 of the Children’s Law Reform Act was also ordered.
Hague Service Convention applies to family law proceedings and was satisfied by U.S. service.
In an undefended family law motion to change a prior support order, the respondent resided in the United States and had been personally served in Georgia by a private process server.
The court considered whether the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters applied to family law proceedings governed by the Family Law Rules.
The court held that family law proceedings are civil matters and therefore the Convention applies, and its procedures are mandatory when service occurs in a contracting state.
The court concluded that service by a certified Georgia process server complied with Article 10(c) of the Convention.
Having found valid service and no response from the respondent, the court allowed the applicant to proceed with an undefended trial and granted the requested relief.
