Family - Children's Law Reform Act - Court Jurisdiction [s.22]
. Mehralian v. Dunmore
In Mehralian v. Dunmore (Ont CA, 2023) the Court of Appeal considers (and dismisses) an appeal of a parenting order that established the parenting jurisdiction to be that of Ontario, rather than Oman:
[39] The Parenting Jurisdiction Judge therefore found that the parties decided to move to Toronto and began residing here in early April 2021, and were not merely temporarily visiting, as the respondent had claimed. The Parenting Jurisdiction Judge concluded that this was sufficient to establish that M. was habitually residing here, in accordance with s. 22(1)(a) of the CLRA.
....
[42] I see no reviewable error in the Parenting Jurisdiction Judge’s factual finding that the parties were residing in Ontario at the relevant time, or in her conclusion that this was sufficient to establish habitual residence of M. for purposes of s. 22(1)(a) of the CLRA.
[43] Moreover, the Parenting Jurisdiction Judge did not err in finding that the recognition of the Omani divorce by the Divorce Recognition Judge did not oust the parenting jurisdiction of Ontario courts in relation to M. The Parenting Jurisdiction Judge correctly pointed out that the Divorce Recognition Judge’s mandate was to determine the divorce issue only, reserving to the Parenting Jurisdiction Judge the determination of parenting jurisdiction over M.
[44] I would therefore dismiss the respondent’s appeal of the Parenting Jurisdiction Order.
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