Court File and Parties
Court File No.: FS-20-16693 Date: 2020-07-24 Superior Court of Justice - Ontario
Re: WIDED BAYAR-MESTIRI, Applicant And: MONCEF MESTIRI, Respondent
Before: Faieta J.
Counsel: Mehwish Rasheed, for the Applicant Amal Nayyar, for the Respondent
Heard: July 24, 2020
Endorsement
[1] The background facts are described in Bayar-Mestiri v Mestiri, 2020 ONSC 4249, Bayar-Mestiri v Mestiri, 2020 ONSC 3620 and Bayar-Mestiri v Mestiri, 2020 ONSC 4405.
[2] The Applicant mother brings a motion for contempt on the grounds that the Respondent father failed to return their two sons to Toronto by July 19, 2020 in accordance with the Order made on July 17, 2020.
[3] The Respondent father delivered a cross-motion about one hour prior to the hearing of the Applicant’s motion. Amongst other things the Respondent seeks to vary the Order. The Respondent father states that he was unable to return the children to Toronto because both of their passports have expired. The Applicant mother’s evidence is that she contacted the Canadian Embassy and was told by a representative that an Emergency Travel Document could be issued for the children in order to permit their return to Toronto. The Applicant states that she provided her consent for the issuance of an Emergency Travel Document. The Applicant communicated this information to the Respondent but he has not attended at the Canadian Embassy to obtain an Emergency Travel Document for each child.
Conclusions
[4] I make the following Order:
The Respondent shall attend at the Canadian Embassy in Tunisia on the morning of Monday, July 27, 2020 in order to apply for and obtain, as soon as possible, an Emergency Travel Document for each child, namely, Dress Mestiri, born May 1, 2009, and Zied Mestiri, born January 21, 2015, that will permit them to return to Toronto without passport;
No later than 1 pm Eastern Standard Time on July 27, 2020, the Respondent shall provide the Applicant with the particulars of his application for an Emergency Travel Document for each of the aforementioned children, a copy of the Emergency Travel Document that is issued at the Canadian Embassy and the business contact information of the representative(s) at the Canadian Embassy that he communicates with on July 27, 2020 for the purpose of obtaining an Emergency Travel Document for the children.
The parties’ motions are adjourned to be heard at Noon on Tuesday, July 28, 2020.
The Applicant is granted leave to file an affidavit in response to the Respondent’s affidavit, sworn July 23, 2020 no later than by Noon on Monday, July 27, 2020.
This Order takes immediate effect without a formal Order being issued and entered.
Faieta J Date: July 24, 2020