In what circumstances will the Respondent be ordered to continue to pay support for his wife in her native Poland?

Ontario, Canada


The following excerpt is from Lee v. Morgan, 2009 ONCJ 679 (CanLII):

[13] However, Waszczyn v. Waszczyn, supra, must be distinguished from this case in that, unlike the matter before me, the applicant commenced proceedings in Poland long after the respondent has severed any connections to the jurisdiction, whereas in this case, the court proceedings were first initiated when both parties were resident and domiciled in Tennessee and the latest support order arose from a proceeding re-initiated by the respondent in the Tennessee court four years after he had voluntarily left that jurisdiction. Once he chose to litigate the access issue in Tennessee, he could not selectively choose to ignore the parallel support issue that was then clearly also before that court.

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