The respondent sought to set aside the registration of a child support order from the Circuit Court of Broward County, Florida dated August 22, 2012.
The respondent argued that the registration should be set aside on grounds of lack of proper notice, lack of reasonable opportunity to be heard, lack of jurisdiction, and that the order was contrary to public policy in Ontario.
The court found that while the respondent had proper notice and a reasonable opportunity to be heard, and that the Florida court had jurisdiction, the Florida order was contrary to public policy in Ontario because it imposed child support obligations significantly higher than would have been ordered under Ontario law, and because the applicant should have pursued a variation application under the Interjurisdictional Support Orders Act rather than commencing a fresh proceeding in Florida.
The registration was set aside and the original Ontario order was varied.
