Court File and Parties

COURT FILE NO.: FS-22-33423-0000 DATE: 20241205 SUPERIOR COURT OF JUSTICE – ONTARIO

RE: Nirusha Ajithkumar, Applicant AND: Ajithkumar Nagarajah, Respondent

BEFORE: Mathen J.

COUNSEL: Vasuki Devadas, for the Applicant Ajithkumar Nagarajah, Self-represented

HEARD: December 5, 2024

Endorsement

[1] The parties married on November 10, 2016. The date of separation appears to be disputed. They have three children. The mother has made serious allegations of abuse.

[2] On March 7, 2023, Justice Sharma made a temporary order granting the mother sole parenting time with and sole decision-making for the three children.

[3] On February 9, 2024, Justice Shin Doi ordered the Respondent father to pay interim child support of $400 a month. There is no evidence that he has done so. The Applicant mother deposes that he is also in breach of disclosure orders.

[4] At a settlement conference on November 4, 2024, Justice Hood noted that the Respondent did not appear. Justice Hood scheduled a one-hour motion today for the mother to seek “a parenting order and various orders to allow her to travel with the children.” Justice Hood also set a trial management conference for March 28, 2025.

[5] The Applicant mother sought the following relief:

a. A final Order granting the Applicant sole parenting time and decision-making responsibility over the three children; b. An Order permitting the Applicant to obtain official documents, including travel documents (renewal) for the children without the consent of the Respondent. c. An Order permitting the Applicant to travel with the children inside and outside of Canada without the Respondent’s consent. d. A restraining order against the Respondent in relation to the Applicant and the three children; e. Costs; f. An order to strike the Respondent’s answer; g. Orders requiring the Respondent to comply with prior orders.

[6] The mother filed an affidavit but no factum. The father, who did appear today, did not file any materials. He did not dispute receiving notice of today’s motion.

[7] Not all of the mother’s requested relief is contemplated by the Hood J. endorsement. She agreed to abandon the requests for a final parenting order, restraining order, order to strike and order regarding prior orders.

[8] While the father could not make formal submissions given that he filed no materials, I heard from him that he does not object to the current parenting and decision-making arrangements provided he does not have to pay costs for today.

[9] The father did not offer any information relevant to the children’s best interests that would contest the mother’s requests for travel. I do not find his suggested bargain regarding costs a relevant factor.

[10] The Applicant seeks $1000 costs for today’s appearance. The Respondent appeared but did not file materials. However, the Applicant included in her motion several heads of relief that were outside the scope of the leave granted by Justice Hood. She did not support those requests with a written legal argument. In the circumstances, I find that $750 is appropriate.

Order

[11] In conclusion, I make the following order:

a. The Applicant may travel with the children A.A. (born on 19 Apr 2012), A.A. (born on 6 Feb 2015) and A.A. (born on 5 Mar 2018) inside and outside of Canada without the consent of the Respondent. For clarity, the children all have the same initials. b. The Applicant mother may obtain official documents, including new or renewed travel documents for the children without the consent of the Respondent. c. The remainder of the Applicant’s requests are dismissed without prejudice. d. Justice Sharma’s order dated March 7, 2023 granting on a temporary basis sole parenting and decision-making to the Applicant is continued. e. The Respondent shall pay to the Applicant costs of $750 inclusive of disbursements and HST.

Mathen J. Date: December 5, 2024