Jennifer Cooper

The applicant mother appealed an order directing the return of her infant son to New York under the Hague Convention on the Civil Aspects of International Child Abduction and sought an urgent stay of that order pending appeal.

The motion judge refused the requested stay, finding that the mother did not meet the onus to demonstrate irreparable harm and that the balance of convenience did not favour her.

The court emphasized the Hague Convention's mandate for prompt return and that delays frustrate its purpose.

The applicant payor brought a motion to change spousal support following his retirement, seeking to terminate support.

The respondent opposed the motion, citing extreme hardship.

The court found that the motion could not proceed on the untested affidavit materials, as there were significant factual and credibility disputes, and neither party had properly advanced their case.

The motion was adjourned to allow for cross-examinations and the preparation of an agreed statement of facts.

The applicant step-father brought a motion to dispense with the biological father's consent for the adoption of the child G.L.W. The biological father had been absent from the child's life for 8.5 years, provided no financial support, and demanded a fee for his consent.

The child, G.L.W., and her biological mother both consented to the adoption.

The court considered the child's best interests under sections 136 and 138 of the Child and Family Services Act, noting the child's special needs and anxiety related to having a different surname from her step-father and half-siblings.

The court found overwhelming advantages to granting the adoption and dispensing with the biological father's consent, concluding that it was in the child's best interests.

The motion was granted, and the adoption application was adjourned for final disposition after the appeal period.