SUPERIOR COURT OF JUSTICE - ONTARIO
COURT FILE NO.: FC-13-1933
DATE: 20140320
RE: Xiao Guang Wang, Applicant
AND
Yan Lv, Respondent
BEFORE: Mr. Justice McNamara
COUNSEL:
Alison Lendor, (not on record) for the Applicant
Odette Rwigamba, for the Respondent
HEARD: March 18, 2014
ENDORSEMENT
[1] This motion and cross-motion was argued on March 18, 2014.
[2] On reviewing the evidence and after hearing argument from counsel, I make the following interim orders:
Custody/Access
[3] The Applicant, Mr. Wang, seeks an interim order for shared custody of the child Alyssa Wang born on June 15, 2012. I am not persuaded on the basis of the evidence before me that that order would be in the child’s best interest at this stage of the proceedings.
[4] I am satisfied, however, that it is appropriate at this stage to move to the next step in terms of expanded access.
[5] The applicant shall continue to have access every Wednesday afternoon in accordance with the present schedule. Once every three weeks, however, he should also enjoy expanded Saturday access to include the overnight as long as his other daughter is also staying overnight that weekend. The expanded Saturday access shall run from 9:00 a.m. on Saturday to 12:00 p.m. on Sunday. This will allow both parents to enjoy some weekend time with the child.
[6] On the other Saturdays of the month Mr. Wang will have access from 9:00 a.m. to 3:00 p.m. Access exchanges shall take place as presently arranged.
[7] This arrangement will remain in place for three months in order to see how the expanded access is working. Hopefully it can be built upon going forward from there.
[8] Although I don’t think it should be necessary, the police will assist the parties in enforcing access if required. Communication relating to access shall be via email except in an emergency when telephone contact would be appropriate.
Child Support
[9] The Applicant shall pay guideline support which at the moment is in the amount of $712 per month.
Spousal Support
[10] The Applicant earns $78,377 per year. The Respondent alleges she has virtually no income although there are issues that arise on the materials about her ability to earn some income and the amount of rental income available to her from a property she owns in China. The value of that condominium is alleged to be in excess of $450,000, yet the Respondent suggests her net rental income is only $277 a month.
[11] The Applicant also pays a child support for another child, including as I understand it certain section 7 expenses, in the amount of $1,100 per month.
[12] On an application for interim spousal support, the court may make such order as it thinks is reasonable in all of the circumstances. That includes taking into consideration the means, needs, and other circumstances of each spouse. Having regard to these factors and the various calculations done, there will be an order for interim spousal support, commencing the 1st of April, in the amount of $500 per month.
[13] Costs are reserved.
The Hon. Mr. Justice McNamara
Date: March 20, 2014
COURT FILE NO.: FC-13-1933
DATE: 20140320
ONTARIO
SUPERIOR COURT OF JUSTICE
RE: Xiao Guang Wang, Applicant
AND
Yan Lv, Respondent
BEFORE: Mr. Justice McNamara
COUNSEL: Alison Lendor, (not on record) for the Applicant
Odette Rwigamba, for the Respondent
ENDORSEMENT
McNAMARA J.
Released: March 20, 2014