Gordon M. Gervais

The respondent father brought a motion to change a child support order dated January 13, 2010, seeking to rescind all arrears and reduce ongoing support to $196.50 per month based on his 2015 income of $15,049.88.

The applicant mother opposed rescission of arrears and sought to fix arrears at $10,000 payable at $75-$100 per month.

The father had lost employment in 2010 and remained largely unemployed until September 2015, accumulating approximately $19,349 in arrears.

The court found a material change in circumstances but determined the father's conduct was blameworthy, including wilful non-compliance and failure to seek employment or provide disclosure.

The court reduced arrears to $9,500 as of May 31, 2016, set ongoing support at $195 per month based on imputed income of $15,000, and ordered arrears repayment at $50 per month commencing September 2016.

The applicant mother and respondent father both brought motions to change a custody and access order made by Phillips J. on April 19, 2011, which had permitted the mother to relocate with the two children to Warren, Michigan.

The preliminary issue was whether the Ontario Court of Justice had jurisdiction to hear the motions to change when the children were no longer habitually resident in Ontario.

The court found that none of the four jurisdictional bases under the Children's Law Reform Act were satisfied: the children were habitually resident in Michigan under s. 22(2)(b); they were not physically present in Ontario at the commencement of the motions; s. 23 did not apply as there was no evidence of serious harm; and the Ontario Court of Justice has no parens patriae jurisdiction.

Consequently, both motions to change were dismissed for want of jurisdiction.