R. Toor

The applicant mother and respondent father disputed the date of separation, decision-making responsibility, parenting time, and child support for their three children.

The court found the date of separation to be July 2019, when the parties sold the matrimonial home and began living separately, rather than November 2021 as claimed by the respondent.

The court granted primary residence and decision-making responsibility to the applicant, with the respondent having parenting time with the youngest child and time with the older children based on their preferences.

The respondent was ordered to pay ongoing child support and $58,614.92 in retroactive child support and Section 7 arrears.

The parties were involved in a combined family law and civil trial.

The wife claimed the date of separation was January 2009, while the husband claimed October 2012.

The court found the date of separation was January 2009 and dismissed the husband's claims for equalization and spousal support due to his failure to provide financial disclosure and lack of evidence.

In the civil action, the court found the husband committed civil fraud by making false representations to the wife regarding funds from a diamond mining venture, resulting in a loss of over $1.2 million.

The court awarded damages for fraud against the husband and found his mother was unjustly enriched by receiving funds belonging to the wife.