M. White

The applicant sought to continue an ex parte order granting her a restraining order, sole decision-making, primary residence for children, and exclusive possession of the matrimonial home.

The respondent moved to set aside the ex parte order, alleging the applicant made material omissions in her initial motion materials.

The court found that the applicant failed to fully and frankly disclose material facts, including details about the respondent's mental health treatment, her own mental health, police involvement, financial access, and the circumstances of the respondent's job termination.

Crucially, the applicant left the children in the respondent's sole care despite claiming he posed a significant risk of harm.

The court dismissed the applicant's motion and set aside the ex parte order, emphasizing the strict duty of full disclosure in ex parte proceedings and the lack of sufficient evidence to justify continuing the order.

This 3-day trial addressed decision-making, parenting schedule, and child support for the parties' 12-year-old son.

The court found the father (Respondent) engaged in manipulative, coercive, and emotionally harmful behavior, including making racist and misogynistic comments and involving the child in the litigation.

The mother (Applicant) was granted sole decision-making authority and primary residence.

The father's parenting time was restricted and ordered to be staged, conditional on his attendance at counselling programs addressing the emotional harm to children from domestic conflict and anti-black racist comments.

The court also calculated child support arrears owed by the mother to the father, and ordered ongoing child support from the father to the mother.

The applicant mother brought a motion to enforce a separation agreement permitting her to travel to Ethiopia with the parties' two children during their summer vacation.

The respondent father refused to permit the travel, citing concerns that the mother would not return the children to Ontario and noting that Ethiopia is not a signatory to the Hague Convention.

The court found no reason to deviate from the separation agreement, noting the father's concerns existed when the agreement was signed and relying on the children's expressed excitement about the trip.

The court ordered the enforcement of the agreement, dispensed with the father's consent for passport renewal, and awarded costs of $5,000 to the mother.