Sabri v. Harara

Sabri v. Harara

The court found a material change because the father’s refusal to cooperate with registration in the UAE made the registration pre-condition impossible and thus materially affected the mother's ability to meet the child's needs; the registration pre-condition was removed and relocation permission maintained on...

Source-derived case information.

Citation
2011 NSSC 196
Parties
Petitioner: Nada Sabri; Respondent: Abdullah Harara
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
25 May 2011
Procedural Posture
Family Law Custody/mobility and Child Support Variation / Variation Application/hearing on Mobility and Support
Outcome
Application to remove UAE-registration pre-condition granted; all other terms of the prior parenting and access order remain; child support varied.
Legal Topics
Variation of Parenting Order, Material Change Test, Best Interests of the Child, Mobility/relocation, Child Support Variation, Undue Hardship Deviation From Guidelines, Foreign Registration of Orders
Source Language
english
Family Law Child Support Custody and Access International Enforcement/recognition Variation of Parenting Order Material Change Test Best Interests of the Child Mobility/relocation +3 more

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Parties

Nada Sabri

Petitioner

Abdullah Harara

Respondent

Procedural Posture

Family Law Custody/mobility and Child Support Variation / Variation Application/hearing on Mobility and Support

Legal Issues

  1. 1 Whether a material change in circumstances has occurred to permit variation of the mobility condition
  2. 2 Whether the pre-condition requiring registration of the Canadian order in the United Arab Emirates should be removed
  3. 3 Whether child support should be varied downward based on decreased income

Ratio Decidendi

The court found a material change because the father’s refusal to cooperate with registration in the UAE made the registration pre-condition impossible and thus materially affected the mother's ability to meet the child's needs; the registration pre-condition was removed and relocation permission maintained on previous terms, and child support was varied from $142/month to $30/month upon relocation (with $142/month to continue until mother notifies Maintenance Enforcement Program of relocation) based on the father's reduced income and undue hardship from travel and visa costs.

Court Disposition

Application to remove UAE-registration pre-condition granted; all other terms of the prior parenting and access order remain; child support varied.

Orders

  • Requirement that the Canadian order be registered in the United Arab Emirates as a pre-condition to relocation is removed
  • All other terms of the earlier custody/access decision remain in force