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Court Awards Nussbaum Law Client Full Custody Of Children, and Imputes American Father’s Income to $335,000.

Child Custody Awarded to Mother

Our firm was retained by the Applicant/Mother, in the case of Saeed v Khalid, 2020 ONSC 939.

The parties married in 2010 in Toronto and separated in 2016. The separation was unusual – the Applicant/Mother was unable to return to the United States due to immigration issues pertaining to her U.S. permanent residency, and the Respondent/Father’s lack of effort in helping her regain U.S. immigrations status. The Applicant/Mother, and the parties’ two children, were resultantly stranded in Canada, without Respondent/Father. In that time, the Respondent/Father remarried.

The Applicant/Mother commenced a court application, seeking sole custody of the children, supervised access for the Respondent/Father, and retroactive and ongoing child support, including the payment of section 7 expenses.

With the assistance of our firm, the Applicant/Mother was successful in her claims for:

  • Noting the Respondent/Father in default;
  • Sole custody, including travel and government issued identification rights;
  • The Respondent/Father to have supervised access with the children at an access centre, with unsupervised access to be at the Applicant/Mother’s discretion; and
  • Imputing the Respondent/Father at an income of $335,400.00 per annum, for the purposes of child support, with Orders being made for:
    • Ongoing child support to be paid in the amount of $4,302.00 per month;
    • Retroactive child support to be paid in the amount of $3,000.00 per month; and
    • The Respondent/Father shall pay 71.6% of his share of the children’s section 7 special and extraordinary expenses, in an amount that does not exceed $1,500.00 per child, annually.

 

All support orders are enforced by the Family Responsibility Office.

 

The case can be read in its entirety here.