M. Newton

The applicant mother brought a motion seeking leave to obtain a passport for the parties' young child and to travel to India for six to eight weeks.

The respondent father opposed the motion, citing concerns that the mother would not return to Canada.

The court dismissed the travel and passport requests, noting the mother's tenuous connection to Canada, the lack of a specific travel plan, and the fact that India is not a signatory to the Hague Convention.

The court also severed the divorce from corollary relief and adjourned the issue of financial disclosure.

The mother brought an urgent motion for access and shared residency of the parties' 10-year-old daughter following their separation.

The mother had limited access to the child since leaving the matrimonial home, and alleged the father was alienating the child.

The father alleged the mother had substance abuse issues and that the child did not feel safe alone with her.

The court found the matter urgent and, noting no safety concerns justifying the mother's exclusion, ordered a graduated access schedule leading to overnight visits, while prohibiting both parents from using marijuana or non-prescription drugs while caring for the child.