The case addresses whether a non-party, a consular official from the Consulate General of Peru, should be allowed to attend a family law settlement conference.
The respondent father requested their attendance for observation, citing a need to ensure due process.
The applicant mother, supported by the child's counsel, opposed, citing confidentiality concerns, the private nature of settlement conferences, and her successful asylum claim in Canada based on a lack of protection from Peruvian authorities.
The court determined that settlement conferences are not public hearings subject to the open courts principle and that allowing consular officials to attend would impair candid discussions essential for resolution, especially given the mother's asylum status.
The court exercised its discretion to deny the request, prioritizing the effectiveness and confidentiality of the settlement process.
