Juman v. Mohammed, 2015 ONSC 1098
COURT FILE NO.: FS-14-80712-00
DATE: 2015-02-18
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: Alice Juman v. Marcus Mohammed
BEFORE: Bloom J.
COUNSEL: Shokheen K. Singh, for the Applicant
Jeff Rechtshaffen, for the Respondent
HEARD: February 6, 2015
ENDORSEMENT
[1] In this matter there are two cross-motions by the parties who are spouses. The Respondent, the Moving party, seeks principally in his motion an order granting interim sole custody of the children of the parties, JonMarc Mohammed, aged 12, and Alexandre Mohammed, aged 10; interim exclusive possession of the matrimonial home known as 3019 Valcourt Crescent, Mississauga, Ontario; an order that the matrimonial home not be listed for sale prior to March 1, 2016; and an order that the Applicant pay interim child support to him for the two named children. The Applicant made no objection to short service of the Respondent’s motion.
[2] The Applicant, as Moving party, seeks principally in her motion an order for sale of the matrimonial home; an order that she have exclusive possession of the matrimonial home with the two named children; and an order allowing the Applicant to hire contractors to begin renovations to the matrimonial home immediately.
[3] The two named children are currently residing with the Respondent at the matrimonial home. The Respondent relies on direct evidence and, as he is entitled to do, hearsay evidence under Rule 14(19)(a) of the Family Law Rules to describe the relationship among the parties and children. It is clear to me that this evidence establishes that it is in the best interests of the two named children that the Respondent have sole interim custody of them and that they continue to live with him at the matrimonial home. Their physical and emotional needs will be better served in this way than in available alternative arrangements. The Applicant’s evidence fell far short of answering the Respondent’s case on interim custody.
[4] Further, having regard to s. 24(1)(b), (3), and (4) of the Family Law Act, I direct that the Respondent be given interim exclusive possession of the matrimonial home until trial has been completed. I decline to order sale of that home; it is an issue which can be addressed at trial.
[5] I decline to order child support by the Applicant. The evidence before me does not satisfy me of her financial situation. Further, that evidence has raised serious questions about her physical and emotional health.
[6] To the extent that I have not granted relief sought by the two motions, I have dismissed them. I reserve costs on both motions to the trial judge.
BLOOM J.
RELEASED: February 6, 2015
TRANSCRIBED: February 18, 2015
COURT FILE NO.: FS-14-80712-00
DATE: 2015-02-18
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: Alice Juman v. Marcus Mohammed
COUNSEL: Shokheen K. Singh, for the Applicant
Jeff Rechtshaffen, for the Respondent
ENDORSEMENT
BLOOM J.
RELEASED: February 6, 2015
TRANSCRIBED: February 18, 2015