Rana Charif

On an interim family law motion, the moving party sought child support, spousal support, and interim costs under r. 24(25) of the Family Law Rules while jurisdiction was disputed in parallel Yemen proceedings.

The court imputed interim income to the responding party based on available U.S. tax evidence and ordered retroactive monthly child support and interim spousal support from July 1, 2025, but declined to order interim s. 7 expenses on the existing record.

The court rejected the argument that a unilateral Yemen talaq barred interim spousal support, citing Divorce Act threshold requirements and public policy concerns.

The court granted substantial interim costs to level the litigation playing field and stayed the jurisdiction motion until support arrears and interim costs were paid.

Costs of the motion were also awarded to the moving party.

The respondent father moved for a stay of the application, asserting that Jordanian courts had jurisdiction and had already ruled on divorce, custody, and support.

The applicant mother cross-moved for recognition of Ontario's jurisdiction, non-recognition of Jordanian orders, lifting of a travel ban, interim parenting and support, and asset restraint.

The court found insufficient evidence to determine the jurisdictional issues and outlined a series of questions for a hybrid trial, including the validity of the parties' marriage in Canada (due to bigamy allegations), the effect and recognition of Jordanian orders, habitual residence of the children, and the application of forum conveniens and antisuit injunction principles.

The applicant was granted leave to amend her application to plead the Children's Law Reform Act and Family Law Act.