Azam v. Jaweed, 2020 ONSC 5461

Court File and Parties

NEWMARKET COURT FILE NO.: FC-20-1056-00 DATE: 20200911 SUPERIOR COURT OF JUSTICE - ONTARIO

RE: Aleena Azam, Applicant AND: Muhammad Adeel Jaweed, Respondent

BEFORE: The Honourable Mr. Justice D.A. Jarvis

COUNSEL: Erika Chan/Barry Nussbaum, Counsel for the Applicant Ayesha Hussain, Counsel for the Respondent

HEARD: In Writing

Urgent Motion and Case Conference Request

Background and Analysis

1The applicant (“the mother”) has brought an urgent motion dealing with parenting of the parties’ three children. The motion is dated August 20, 2020 and was served on a lawyer representing the respondent (“the father”) on August 28, 2020. The lawyer accepted service on the father’s behalf. The mother had also started an Application for divorce, custody and child and spousal support. Service of that process was also accepted.

2There has been no response from the father.

3The parties are Pakistani who moved to Canada in October 2019. They have Permanent Residence status. They separated in February 2020.

4The mother’s evidence describes a history of the father’s physical violence. The parties appear to have continued living under the same roof in an atmosphere that the mother describes as “toxic”. The lease on their rented premises expired on August 31, 2020.

5The mother wishes to return to Pakistan but has deposited her passports and those of the children with her lawyer along with other documents needed for travel.

6Based on the mother’s unchallenged evidence I am prepared to grant her relief.

Order

7Order to go:

(a) As per paragraphs 1-3 of the mother’s Notice of Motion;

(b) The mother’s lawyer shall retain the documents referenced in paragraph 30 of her affidavit sworn August 20, 2020 until further Order of this Court;

(c) Until further Order of the Court and on a without prejudice basis, the children shall be deemed to be habitually resident in Ontario;

(d) The mother shall not remove the children from the Province of Ontario without further Order of this Court;

(e) This matter is adjourned to a Case Conference to be scheduled through the court offices on a date as soon as possible;

(f) Approval of this Order by the father is dispensed with;

(g) The mother’s lawyer shall forthwith serve the father’s lawyer with a copy of this endorsement.

8This Order is effective forthwith and binding on the parties. The mother shall present a draft of the Order to the court for formal issuance as soon as may be practical.