Court File and Parties

NEWMARKET COURT FILE NO.: FC-22-01017-00 DATE: 20220712

SUPERIOR COURT OF JUSTICE – ONTARIO – FAMILY COURT

RE: Dr. Neta Yokev, Applicant AND: Neta Alon, Respondent

BEFORE: A.J. Himel J.

COUNSEL: V. Tynes-Jass, Counsel for the Applicant Father K.O. Lewis, Counsel for the Respondent Mother

HEARD: July 6, 2022

ruling on motion

[1] The motion respecting the non-removal of the child/jurisdiction was heard on July 6, 2022.

[2] When the parties re-attended before me later that day, I gave an oral decision with reasons to follow. I find that Ontario is the proper jurisdiction for this matter to be heard on all claims made pursuant to Ontario provincial legislation.

[3] At the re-attendance I advised the parties that the Mother’s request to relocate to Israel with the child will be fast-tracked to a hearing during the November/December trial sittings.

[4] This Ruling on Motion are the reasons for my decision. For ease of reference, I excerpt below parts of the Macpherson J. Endorsement dated June 23, 2022, which sets out the issues and background. I provide additional facts and my analysis thereafter.

Litigation Background

On June 9, 2022, the Father brought an urgent motion, without notice, requesting Orders:

(a) prohibiting the Mother from removing the child, Dan Shalev Yokev born April 29, 2021 from the jurisdiction of Ontario without consent or a court order; and

(b) prohibiting the Mother