Federico Hernandez

The trial addressed equalization of net family property, child support, and spousal support.

The court found no equalization payment owing as the respondent's taxi business in Cuba, purchased with personal injury damages, was excluded property.

Retroactive child support was awarded to the applicant based on imputed income for the respondent's undeclared cash earnings.

Retroactive and ongoing compensatory spousal support was also awarded to the applicant, with the court departing from the Spousal Support Advisory Guidelines due to economic disadvantages and financial hardship arising from her traditional caregiving role during the marriage.

The father brought a motion for a finding that the mother is in contempt of a custody and access order dated 18 January 2011.

The order granted custody of the child Rafael to the father and restricted the mother's access to supervised visits only at a designated access centre, with no other contact permitted.

The mother repeatedly breached the order by having contact with the child at his school, involving other family members in the breaches, and instructing the child not to disclose the visits.

The court found the mother in contempt beyond a reasonable doubt, finding that the order was clear and unambiguous, the mother had proper notice, and she deliberately and wilfully breached it.

The mother was sentenced to 30 days incarceration, suspended on condition that she not breach any court orders in the case for three years.

The court also imposed restrictions on future litigation by requiring either parent to obtain permission before bringing further motions regarding custody, access, or support.