Sarah Frances Conlin

The parties separated after a 16-year marriage.

The respondent was originally ordered to pay $800 per month in spousal support, an amount reduced due to high child support obligations.

After the children became adults, the respondent successfully moved to terminate child support, and the motion judge continued spousal support at $800 per month.

The appellant appealed, seeking an increase.

The Court of Appeal allowed the appeal, finding the motion judge erred in assessing the appellant's need, denying compensatory support, and failing to apply the Spousal Support Advisory Guidelines.

Spousal support was increased to $2,720 per month.

The mother appealed an order staying her claims under the Divorce Act and Family Law Act for lack of jurisdiction.

The father cross-appealed the dismissal of his motion seeking the return of the children to China under the Children's Law Reform Act.

The Court of Appeal dismissed the mother's appeal, finding she was not ordinarily resident in Ontario and lacked a real and substantial connection to the province.

The Court allowed the father's cross-appeal, finding the children were habitually resident in China and not physically present in Ontario when the application commenced, thereby depriving the Ontario court of jurisdiction under s. 22 of the CLRA.

The matter was remitted to the Superior Court to determine the appropriate order under s. 40 of the CLRA.