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Appeal allowed; father's motion to change stayed pending payment of significant support and equalization arrears.
The appellant mother appealed a motion judge's dismissal of her motion to strike or stay the respondent father's motion to change a final consent order.
The father was in significant arrears for child support, spousal support, and an equalization payment.
The Divisional Court found that the motion judge erred in law by misstating the three-part test under Rule 1(8) of the Family Law Rules, incorrectly requiring the moving party to prove exceptional circumstances to sanction the non-complying party.
The appeal was allowed, and the father was ordered to pay the arrears owing as of March 1, 2020, as a condition of continuing with his motion to change.
The court granted an urgent, without-notice motion prohibiting the respondent from removing the children from Ontario and ordering the surrender of their passports due to flight risk and family violence.
The decision addresses an urgent, without notice motion by the Applicant mother for orders prohibiting the Respondent from removing the children from Ontario, requiring the surrender of the children’s passports, permitting substituted service, and facilitating video parenting time.
The court finds a real and substantial risk of removal and family violence, and grants the requested relief, emphasizing the best interests of the children and the need for stability, safety, and ongoing contact with both parents.
