Susanne R. Goodman

The applicant mother brought a motion to proceed to an uncontested trial for sole custody of the parties' child, asserting that the respondent father, who resides in Turkey, had been properly served with the Amended Application under the Hague Service Convention.

The court found that while the father was personally served with the Amended Application, he had not been served with the mandatory Form 35.1 Affidavit in Support of Custody or Access Claim.

The court tentatively concluded that the failure to serve the Form 35.1 Affidavit meant service was incomplete, and ordered the applicant to either make further submissions on the issue or re-serve all required documents in compliance with the Convention.

In an undefended family trial, the applicant sought custody, child support, section 7 expenses, travel and mobility relief, a child surname change, and equalization-related relief following divorce.

The court granted sole custody and broad decision-making authority respecting passports, travel, and relocation, subject to notice requirements and limited mobility restrictions, and authorized the child’s surname change.

The court imputed annual income of $30,000 to the respondent, ordered retroactive and ongoing child support together with shared section 7 expenses, and secured the support obligations against the respondent’s share of trust funds from the sale of the matrimonial home.

The court also determined the equalization issue finally by ordering that neither party pay an equalization payment to the other, and awarded costs to the applicant.