D. Hamade

The respondent father brought a motion seeking to have the parties' child returned to Oman.

The court previously directed a trial of the jurisdictional issue and requested submissions on whether the Office of the Children's Lawyer (OCL) should be appointed.

The applicant mother requested the OCL's appointment, which the father opposed due to urgency and the impending trial date.

The court found that the father had not proceeded with urgency and that the complexity of the materials warranted a trial rather than a motion.

The court ordered the appointment of the OCL to ensure the child's best interests were advanced and adjourned the scheduled trial pending the OCL's decision.

The parties were engaged in a complex international custody dispute over their child, with the father seeking the child's return to Oman and the mother seeking to remain in Ontario.

The parties filed over 4,000 pages of materials, including conflicting expert reports on Omani law and disputed allegations of domestic violence.

The court declined to determine the jurisdictional issues on a paper record, finding that the significant credibility issues and factual disputes required viva voce evidence.

The court directed a trial of an issue to determine jurisdiction and related matters.