KHODR & KHODR

In the matter of *KHODR & KHODR*, decided by Hannam J, the court considered applications concerning children and spousal maintenance between the parents. The dispute regarding the children arose in a context of significant parental conflict, with no allegations of risk to the children in either parent's care. The eldest child had reached the age of 18, while the middle child expressed a refusal to spend time with the father. Disagreements also existed concerning the father's pre- and post-separation involvement with the children, and both extended paternal and maternal families were substantially involved in the proceedings. The youngest child appeared to have a positive relationship with both parents. Concurrently, the wife sought interim spousal maintenance, including both lump sum and periodic payments, asserting her inability to adequately support herself. The husband's financial circumstances and those of his business were not entirely clear, though he was found to have the capacity to support the wife.

The legal issues before the court included determining appropriate interim parenting orders for the children, particularly in light of the middle child's expressed wishes and the disputed level of the father's past involvement. The court also had to consider the wife's claim for spousal maintenance, assessing her need, the husband's capacity to pay, and the legal basis for the requested lump sum payment, while also considering the wife's potential capacity to engage in part-time work.

Regarding the children, Hannam J made orders reflecting the middle child's wishes for time spent with the father, and for the youngest child, orders were made for gradually increasing time with the father, acknowledging the positive relationship with both parents. In relation to spousal maintenance, the court found the legal basis for a lump sum payment to be unclear. However, acknowledging the wife's inability to adequately support herself and the husband's capacity to pay, the court ordered the husband to pay periodic spousal maintenance to the wife in the amount of $500 per week.