Shahida Faisal

The applicant sought an urgent order for the respondent to comply with a 2016 final order regarding joint custody and access of their two children.

The respondent had unilaterally withheld the children since March 19, 2020, citing COVID-19 safety concerns and the children's alleged wishes to remain with her.

The court found the matter urgent, rejecting the respondent's "self-help" remedy.

It determined that the applicant was capable of ensuring the children's health, safety, and educational needs, and found no evidentiary basis for the respondent's allegations of manipulation or lack of support.

The court ordered the children's immediate return to the applicant and strict compliance with the existing access schedule.

The respondent in a family law application was successful in a motion to question two non-parties regarding the applicant's alleged beneficial ownership of a property.

The respondent sought costs of the motion against the non-parties.

The court noted that costs against non-parties are only awarded in unusual circumstances, such as fraud or abuse of process.

Because the allegations of fraud against the non-parties remained unsubstantiated, the court reserved the issue of costs to the trial judge who will ultimately resolve the fraud allegations.