Richard Van Buskirk

The parties, who were married in Iran and moved to Canada, sought a divorce and corollary relief.

The applicant sought sole decision-making responsibility, restricted parenting time, enforcement of an Iranian marriage contract (maher), and retroactive child support based on imputed income.

The court granted the applicant sole decision-making responsibility but allowed the respondent graduated unsupervised parenting time with strict safeguards against international abduction to Iran.

The court found the Iranian marriage contract valid and enforceable, ordering the respondent to transfer his interest in the matrimonial home to the applicant.

The court also imputed income to the respondent for a period of intentional unemployment and ordered retroactive child support.

The applicant brought a motion to change a final order, seeking sole decision-making responsibility and the imputation of income to the respondent for child support purposes.

The respondent brought a cross-motion seeking sole decision-making responsibility and a reduction in child support due to a change in employment.

The court dismissed both parties' requests to change decision-making responsibility, finding no material change in circumstances despite their high-conflict relationship.

The court declined to impute income to the respondent, finding her underemployment was justified by reasonable educational needs, but adjusted child support based on her current and anticipated income.

The parties separated after a history of family violence and high conflict.

The mother sought sole decision-making and primary residency of their two children, while the father sought joint decision-making and shared residency.

The older child had refused contact with the father, while the younger child, who has ADHD, continued on a shared schedule.

The court ordered joint decision-making with a parallel parenting tie-breaking mechanism, allocating final authority on specific domains to each parent.

The younger child was ordered to continue on a shared 5-2-2-5 schedule, while the older child was ordered to reside primarily with the mother but transition to alternate weekends with the father following reunification therapy.