A 14-day trial concerning custody, access, child support, spousal support, and section 7 expenses for a child born to unmarried parties who participated in two Islamic marriage ceremonies but were never legally married under Canadian law.
The applicant sought sole custody based on fears that the respondent would abscond with the child to Morocco.
The respondent sought sole custody and claimed child support, spousal support, and section 7 expenses.
The court awarded sole custody to the respondent, finding the applicant's fears of abduction were unfounded and that the applicant was controlling and dismissive of the respondent's role as mother.
The court also found the parties were spouses under section 29(b) of the Family Law Act based on their relationship of some permanence and their shared child, and awarded spousal support accordingly.