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Stepparent adoption order upheld despite being obtained by fraud, as setting it aside was contrary to child's best interests.
The applicant mother sought a divorce, sole decision-making responsibility, and child support for two children.
The respondent father sought to set aside a stepparent adoption order regarding the older child, alleging it was obtained by fraud, and sought primary care of that child to return to the Dominican Republic.
The court found that while the father had fraudulently obtained the biological mother's consent for immigration and the adoption order was based on false representations, setting aside the adoption was not in the child's best interests.
The court granted the mother sole decision-making responsibility, ordered supervised parenting time for the father, and ordered the father to pay ongoing child support and arrears.
The court dismissed the mother's motion for interim relocation and granted the father's cross-motion for a shared parenting schedule and imputed income.
This decision addresses interim motions in a family law dispute between Asghedom Ehdego and Rajpreet Puni regarding the relocation of their child, Leena, from Ottawa to Richmond, BC, and the appropriate interim parenting schedule.
The court denied the mother's request to relocate with the child and granted the father's request for a shared 2-2-5-5 parenting schedule.
The court also addressed issues of child support, imputation of income, and deferred the issue of occupational rent to trial.
The decision provides a detailed analysis of the parties' competing evidence on parenting roles, the child's connections to Ottawa and BC, and the legal principles governing interim relocation and parenting orders.
