Ziaie v. Ziaie
The motion judge's decision to maintain the children residing with the mother and to refuse the appellant's irreconcilable position was upheld because custody is determined solely by the best interests of the child and the appellate court found no error in the exercise of the motion judge's discretion.
Source-derived case information.
- Citation
- 2013 ONCA 156
- Parties
- Appellant: Saeed Ziaie; Respondent: Shaliyah Ziaie
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 15 March 2013
- Procedural Posture
- Family / Appeal From Superior Court Motion Decision
- Outcome
- Appeal dismissed.
- Legal Topics
- Custody, Best Interests of the Child, Sole Custody, Residence of Children
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Saeed Ziaie
Appellant
Shaliyah Ziaie
Respondent
Procedural Posture
Family / Appeal From Superior Court Motion Decision
Legal Issues
- 1 Whether the motion judge erred in custody determination by failing to apply the best interests of the child standard correctly
- 2 Whether the appellant's request for sole custody was inconsistent with his agreement that the children should reside with the respondent
- 3 Whether the appellate court should interfere with the motion judge's exercise of discretion
Ratio Decidendi
The motion judge's decision to maintain the children residing with the mother and to refuse the appellant's irreconcilable position was upheld because custody is determined solely by the best interests of the child and the appellate court found no error in the exercise of the motion judge's discretion.
Court Disposition
Appeal dismissed.
Orders
- Appeal dismissed.
- Order of Justice H. McGee of the Superior Court of Justice dated December 3, 2010 affirmed.
Full Case Text
Judgment text and source record
1 paragraphs
Ziaie v. Ziaie Collection Decisions of the Court of Appeal Date 2013-03-15 Neutral citation 2013 ONCA 156 Docket numbers C56159 Judges Doherty, David H.; MacPherson, James C.; Watt, David Subject Family Decision Content COURT OF APPEAL FOR ONTARIO CITATION: Ziaie v. Ziaie, 2013 ONCA 156 DATE: 20130315 DOCKET: C56159 Doherty, MacPherson and Watt JJ.A. Saeed Ziaie Appellant and Shaliyah Ziaie Respondent Saeed Ziaie, appearing in person Shaliyah Ziaie, appearing in person Heard and released orally: March 11, 2013 On appeal from the order of Justice H. McGee of the Superior Court of Justice, dated December 3, 2010. ENDORSEMENT [1] Custody of children upon the dissolution of a marriage depends exclusively on a determination of the “best interests of the child”. We see no reason to interfere with the motion judge’s decision. [2] The appellant sought sole custody of the two children, but also agreed that the children should continue to reside with the respondent. They had lived with their mother since separation in 2008. The motion judge quite properly observed that these two positions were irreconcilable. [3] In the end, the motion judge had a difficult decision to make. We would not interfere with the discretion as exercised by the motion judge. [4] The appeal dismissed. “Doherty J.A.” “J.C. MacPherson J.A.” “David Watt J.A.”