Court of Appeal for Ontario

Citation: Ziaie v. Ziaie, 2013 ONCA 156 Date: 2013-03-15 Docket: C56159

Before: Doherty, MacPherson and Watt JJ.A.

Saeed Ziaie Appellant

and

Shaliyah Ziaie Respondent

Counsel: Saeed Ziaie, appearing in person Shaliyah Ziaie, appearing in person

Heard and released orally: March 11, 2013

On appeal from the order of Justice H. McGee of the Superior Court of Justice, dated December 3, 2010.

Endorsement

[1] Custody of children upon the dissolution of a marriage depends exclusively on a determination of the “best interests of the child”. We see no reason to interfere with the motion judge’s decision.

[2] The appellant sought sole custody of the two children, but also agreed that the children should continue to reside with the respondent. They had lived with their mother since separation in 2008. The motion judge quite properly observed that these two positions were irreconcilable.

[3] In the end, the motion judge had a difficult decision to make. We would not interfere with the discretion as exercised by the motion judge.

[4] The appeal dismissed.

“Doherty J.A.” “J.C. MacPherson J.A.” “David Watt J.A.”