Lisa Allegro

The respondent mother brought a motion in the Superior Court of Justice to enforce child support and section 7 expenses provisions of a separation agreement that had been filed with the Ontario Court of Justice.

The applicant father brought a cross-motion challenging the Superior Court's jurisdiction.

The court held that it lacks jurisdiction to enforce or vary a final order of the Ontario Court of Justice arising from section 35 of the Family Law Act.

The applicant's cross-motion was granted, and the proceeding was transferred to the Ontario Court of Justice.

The applicant father brought an urgent motion seeking the return of the parties' two children from Quebec to Ontario, sole decision-making responsibility, and primary residence.

The respondent mother argued that the Ontario court lacked jurisdiction and that the motion was not urgent.

The Superior Court of Justice found that the children were habitually resident in Ontario prior to their removal to Quebec, thereby granting Ontario jurisdiction under the Children's Law Reform Act.

The court ordered temporary joint decision-making responsibility but adjourned the issues of primary residence and the return of the children to allow the parties to adduce further evidence.