Louis-Marc Hurtubise

In a family law matter following separation, the court determined issues of child support and spousal support.

The parties had separated in December 2011 and entered into an informal agreement regarding support, which the court found was not a binding domestic contract.

A Consent Temporary Order for child support had been made in March 2012.

The court was required to determine the appropriate spousal support award based on the parties' respective incomes and the Spousal Support Guidelines.

The court found the respondent's 2011 income to be $80,699 and the applicant's to be $14,799, and awarded spousal support of $100 per month retroactive to April 2, 2012.

The applicant father sought an interim order to prevent the respondent mother from relocating with the two children from Mattawa to Limoges, Ontario (near Ottawa), and to grant him temporary custody pending trial.

The respondent sought permission to move, citing financial necessity and better employment prospects.

The court found that while the respondent is the de facto custodial parent, there was insufficient evidence to establish a strong probability of success at trial to justify granting a temporary relocation order.

The court maintained the status quo by prohibiting the move pending the full hearing on November 15, 2012, and ordered the parties to file financial statements for determination of temporary child support.