2 total
The court transferred a child protection motion to the jurisdiction with the most significant historical connection despite the parties' consent to remain.
A motion concerning jurisdiction and venue in a child protection matter.
The Children's Aid Society of Dufferin County brought a motion for temporary care and custody of two children, with the respondents seeking to have the matter heard in Orangeville (Dufferin County) rather than Guelph (Wellington County), where the original protection application had been filed.
The court found that despite the children's current residence in Dufferin County and the respondents' preference for Orangeville, the overwhelming connection to Guelph—where the Guelph CAS had been involved for over a year, where the original protection application was filed, and where prior court orders had been made—warranted transferring the matter to Guelph for hearing.
The court ordered temporary child support and partial section 7 arrears while dismissing the respondent's interim custody and transportation claims.
The applicant brought a motion to change seeking to increase child support and recover unpaid section 7 expenses.
The respondent cross-moved seeking custody of the child and shared transportation costs for access exchanges.
The court dismissed the respondent's custody claim and shared transportation claim, finding no changed circumstances warranting such changes.
The court ordered the respondent to pay $1,350 in arrears for past section 7 expenses (daycare) based on his consent to pay half of $2,700.
Child support was set at $595 monthly for September through December 2018 based on his 2018 income of $64,000, and $398 monthly commencing January 2019 based on his current estimated income of $43,348.
The matter was adjourned to August 14, 2019.
