Michael Dibua

The moving party father applied to vary a 2005 consent order to terminate child support for two adult children, reduce support for the youngest child, and rescind arrears of approximately $55,000.

The responding party mother opposed the reduction and rescission.

The court noted that the 2005 order permitted the filing of minutes of settlement with the Family Responsibility Office but did not explicitly order child support.

The court raised concerns about its jurisdiction to vary the agreement under the Family Law Act, as the agreement was not filed in the Ontario Court of Justice or the Family Court branch.

The court adjourned the motion to invite submissions from the Family Responsibility Office on the jurisdictional issue.

The applicant requested that a long motion, which had been struck from the list for failing to comply with a local practice direction requiring confirmation three weeks in advance, be reinstated.

The court denied the request, noting that judicial resources had already been reallocated and emphasizing that counsel are expected to be aware of published practice directions.