The responding party brought a motion to change a final order to reduce child support in Welland.
The moving party moved to transfer the proceeding to Toronto, arguing that the children reside there and it would be more convenient.
The court found that under Rule 5(1) of the Family Law Rules, the responding party was permitted to start the case in Welland where she resides, as the motion did not deal with custody or access.
The court dismissed the transfer motion, concluding it was not substantially more convenient to deal with the case in Toronto, especially given the shift to virtual hearings and the fact that evidence regarding the responding party's income is located in Welland.
