WARNING

The court hearing this matter directs that the following notice be attached to the file:

The court has ordered the exclusion of the public from the hearing of this case under subsection 135(2) of the Courts of Justice Act and has expressly prohibited the disclosure of any information about the identity of the child This subsection and subsection 135(3) of the Courts of Justice Act, which deals with the consequences of failure to comply with subsection 135(2), read as follows:

135.—(2) EXCEPTION — The court may order the public to be excluded from a hearing where the possibility of serious harm or injustice to any person justifies a departure from the general principle that court hearings should be open to the public.

(3) DISCLOSURE OF INFORMATION — Where a proceeding is heard in the absence of the public, disclosure of information relating to the proceeding is not contempt of court unless the court expressly prohibited the disclosure of the information.

Subrules 31(5) and 31(6) of the Family Law Rules state as follows:

31.—(5) Contempt orders.— If the court finds a person in contempt of the court, it may order that the person,

(a) be imprisoned for any period and on any conditions that are just;

(b) pay a fine in any amount that is appropriate;

(c) pay an amount to a party as a penalty;

(d) do anything else that the court decides is appropriate;

(e) not do what the court forbids;

(f) pay costs in an amount decided by the court; and

(g) obey any other order.

(6) WRIT OF TEMPORARY SEIZURE — The court may also give permission to issue a writ of temporary seizure (Form 28C) against the person’s property.

ONTARIO COURT OF JUSTICE

CITATION: W.C. v. W.C., 2022 ONCJ 254

DATE: May 31, 2022

File # D41138/21

BETWEEN:

W.C.

Applicant

— AND —

W.C.

Respondent

Before Justice D. Paulseth

Heard on May 9, 10, 11, 12, and 16, 2022

Reasons for Judgment released on May 31, 2022

O. Benjamin Vincents................................................................... counsel for the applicant

Glenda Perry.............................................................................. counsel for the respondent

Paulseth, J.:

Overview:

[1] The parties are the parents of one son, WC, who was born [xxx], 2019.

[2] The applicant is the father and he is 49 years old. The respondent is the mother and she is 24 years old. They began a relationship in December of 2015. At that time mother was a single parent to a new baby K. Father lived in Ontario and the mother and K lived in Guatemala. Father visited mother in Guatemala several times a year and they were married in Guatemala in 2017.

[3] Father sponsored the mother, WC, and K. They arrived in Canada in February of 2020.

[4] Father has three daughters from a previous relationship, aged 12, 18, and 20 who live in the Greater Toronto Area. He was divorced from their mother in 2016.

[5] The parents separated on January 18, 2021, when the mother and both children left the home.

[6] Father issued his court application on January 28, 2021, and Mother issued her Answer/Claim on March 10, 2021.Father amended his application and mother amended her answer.

[7] On June 1, 2021, the court made temporary orders, which can be summarized as follows:

(1) Sole decision-making to mother;

(2) Parenting time to father: a mid week and a Saturday visit, supervised by one of his two older daughters; not to be in the father’s home; exchanges to also be with one of the daughters; father not to be alone with the child;

(3) No direct contact by the father with the mother;

(4) Child support of $379 a month for both children, based on father’s stated income of $25,200, starting May 1, 2021; and

(5) The father of mother’s first child was added as a party.

[8] On June 30, 2021, father was ordered to pay costs of $4,800. to the mother, by monthly payments of $150, commencing August 1, 2021.

(Position of the Parties and remaining paragraphs continue exactly as in the source decision.)